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CONSOLIDATED RAIL v. RAY EX REL. ESTATE OF BOYD

No. 10-7029.

632 F.3d 1279 (2011)

CONSOLIDATED RAIL CORPORATION, Appellant v. James T. RAY, for the ESTATE OF Harold F. BOYD, deceased, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided February 4, 2011.

Attorney(s) appearing for the Case

Laurence Z. Shiekman argued the cause and filed the briefs for appellant.

David B. Rodes argued the cause and filed the brief for appellee. Betsy E. Lehrfeld entered an appearance.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The Congress enacted the Regional Rail Reorganization Act of 1973, Pub.L. No. 93-236, 87 Stat. 985 (1974) (codified as amended at 45 U.S.C. §§ 701-797m) [hereinafter the Rail Act], in order to limit the harm caused by the bankruptcy of several major railroads. The Act created the Consolidated Rail Corporation, a/k/a Conrail, a private, for-profit enterprise, to acquire "free and clear of...

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