ALLIED ERECTING & DISMANTLING v. SURFACE TRANSP BD

Nos. 14-3094, 15-4020, 15-4021.

835 F.3d 548 (2016)

ALLIED ERECTING AND DISMANTLING CO., INC.; Allied Industrial Development Corporation, Petitioners, v. SURFACE TRANSPORTATION BOARD; United States of America, Respondents, Ohio & Pennsylvania Railroad Company, et al., Intervenors.

United States Court of Appeals, Sixth Circuit.

Decided and Filed August 22, 2016.


Attorney(s) appearing for the Case

ARGUED: Richard H. Streeter , Law Office of Richard H. Streeter, Washington, D.C., for Petitioners. Eric M. Hocky , Clark Hill, PLC, Philadelphia, Pennsylvania, for Intervenors. Erik G. Light , Surface Transportation Board, Washington, D.C., for Respondents. ON BRIEF: Richard H. Streeter , Law Office of Richard H. Streeter, Washington, D.C., for Petitioners. Eric M. Hocky , Clark Hill, PLC, Philadelphia, Pennsylvania, Thomas J. Lipka , Manchester Newman & Bennett, L.P.A., Youngstown, Ohio, for Intervenors. Erik G. Light , Surface Transportation Board, Washington, D.C., Robert B. Nicholson , Adam D. Chandler , United States Department of Justice, Washington, D.C., for Respondents.

Before: KETHLEDGE, WHITE, and DAVIS, Circuit Judges.


OPINION

Allied Erecting & Dismantling Co. wants to evict a railroad company from two sets of railroad tracks on land that Allied claims to own in Youngstown, Ohio. The question before us is whether the Surface Transportation Board has jurisdiction over those tracks. The Board concluded that the tracks at issue...

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