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DEL GROSSO v. SURFACE TRANSP BD.

No. 17-1794.

898 F.3d 139 (2018)

Diana DEL GROSSO; Ray Smith; Joseph Hatch; Cheryl Hatch; Kathleen Kelley; Andrew Wilklund; Richard Kosiba, Petitioners, v. SURFACE TRANSPORTATION BOARD; United States, Respondents, Grafton & Upton Railroad Company, Intervenor.

United States Court of Appeals, First Circuit.

August 6, 2018.

Attorney(s) appearing for the Case

Mark Bobrowski , with whom Blatman, Bobrowski & Haverty, LLC, Concord, MA, was on brief, for petitioners.

Erik G. Light , Attorney, Surface Transportation Board, with whom Makan Delrahim , Assistant Attorney General, Robert B. Nicholson and Adam D. Chandler , Attorneys, Department of Justice, Craig M. Keats , General Counsel, and Theodore L. Hunt , Associate General Counsel, were on brief, for respondents.

James E. Howard , Carmel Valley, CA, for intervenor.

Before Torruella, Thompson, and Kayatta, Circuit Judges.

Preface

This dispute — back here a second time1 — takes us once again into the arcane world of the Interstate Commerce Commission Termination Act ("ICCTA"). The combatants are the same. On one side of the controversy are petitioners Diana Del Grosso, Ray Smith, Joseph...

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