1. Home
  2. Browse Decisions
  3. F.3d
  4. 566 F.3d
  5. 566 F.3d 1166 (2009)
 

CITY OF SOUTH BEND, IN v. SURFACE TRANSP. BD.

Nos. 08-1150, 08-1301.

566 F.3d 1166 (2009)

CITY OF SOUTH BEND, IN and Brothers of Holy Cross, Inc., Petitioners v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents Chicago, Lake Shore & South Bend Railway, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 29, 2009.

Attorney(s) appearing for the Case

Richard H. Streeter argued the cause for petitioners. With him on the briefs were Jeffrey M. Jankowski and Adrienne U. Wisenberg.

Virginia Strasser, Attorney, Surface Transportation Board, argued the cause for respondent. With her on the brief were Deborah A. Garza, Acting Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and John P. Fonte, Attorneys, Ellen D. Hanson, General Counsel, Surface Transportation Board, and Craig M. Keats, Deputy General Counsel.

John D. Heffner argued the cause and filed the brief for intervenor.

Concurring opinion filed by Circuit Judge KAVANAUGH, in which Chief Judge SENTELLE concurs as to Part I.

GINSBURG, Circuit Judge:

The City of South Bend and the Brothers of the Holy Cross petition for review of orders of the Surface Transportation Board (1) denying their application for adverse abandonment of two railroad lines in South Bend, Indiana, and (2) refusing to reopen the proceeding. The petitioners argue the Board's orders were arbitrary and capricious under the Administrative Procedure Act. We deny the petitions...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases