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CONSOLIDATED RAIL CORP. v. SURFACE TRANSP. BD.

Nos. 07-1401, 07-1529, 08-1019, 08-1052.

571 F.3d 13 (2009)

CONSOLIDATED RAIL CORPORATION, Petitioner v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents City of Jersey City et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 2009.

Attorney(s) appearing for the Case

Robert M. Jenkins III argued the cause for petitioner Consolidated Rail Corporation. Jonathan M. Broder was on brief.

Fritz R. Kahn argued the cause for petitioners 212 Marin Boulevard, L.L.C. et al.

Ronald Molteni, Attorney, Surface Transportation Board, argued the cause for the respondents. Deborah A. Garza, Acting Assistant Attorney General, United States Department of Justice, at the time the brief was filed, Robert B. Nicholson and John P. Fonte, Attorneys, Ellen D. Hanson, General Counsel, Surface Transportation Board, and Evelyn G. Kitay, Associate General Counsel, were on brief. Craig M. Keats, Associate General Counsel, entered an appearance.

Andrea Ferster and Charles H. Montange were on brief for the intervenors.

Opinion for the Court filed by Circuit Judge HENDERSON.

"[R]ailway termini ... are our gates to the glorious and the unknown. Through them we pass out into adventure and sunshine, to them, alas! we return." — E.M. Forster, Howards End 16 (1921)

KAREN LECRAFT HENDERSON, Circuit Judge:

Consolidated Rail Corporation (Conrail) and 212 Marin, infra note 7, petition for review of an order of the Surface Transportation Board (STB or Board) concluding that Conrail must obtain authorization...

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