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Consolidated Rail Corp. v. STB, No. 07-1401

In a petition for review of a Surface Transportation Board order concluding that a public railroad must obtain authorization from the Board to abandon certain railroad trackage, the petition is granted where the Board lacked jurisdiction to approve or deny applications for abandonment pursuant to 49 U.S.C. section 10903.

Read Consolidated Rail Corp. v. STB, No. 07-1401

Appellate Information

Argued April 20, 2009

Decided June 26, 2009


Opinion by Judge Henderson


For Petitioners:

Robert M. Jenkins III, Mayer Brown LLP, Washington, DC

Jonathan M. Broder, Consolidated Rail Co., Philadelphia, PA

Fritz R. Kahn, Washington, DC

For Respondent:

Ronald Molteni, Surface Transportation Board, Washington, DC