Legal Opinion

Janet Fritsch v. Interstate Commerce Commission and United States of America, Monroe County, a Legal Subdivision of the State of Indiana, Intervenors

Court of Appeals for the D.C. Circuit

Decided September 18, 1995No. 94-1403PublishedCited by 26 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Petitioners are various private landowners who own in fee simple the land across which CSX Transportation, Inc. (“CSX”) possessed an easement for rail purposes. Petitioners challenge a decision of the Interstate Commerce Commission (“ICC” or “Commission”) holding that CSX was legally unable to fully abandon its rail line until expiration of a 180-day public use condition attached to the Commission’s decision authorizing abandonment, pursuant to 49 U.S.C. § 10906 (1994). During this 180-day period, CSX and the Monroe…

2Cases cited2 opinions

  1. Preseault v. Interstate Commerce CommissionSupreme Court of the United States · 1990
  2. Interstate Commerce Commission v. Brotherhood of Locomotive EngineersSupreme Court of the United States · 1987

3Cited by26 opinions

  1. Barclay v. United StatesCourt of Appeals for the Federal Circuit · 2006
  2. Melinda Birt v. Surface Transportation Board, Union Pacific Railroad Company and City of Nampa, Idaho, IntervenorsCourt of Appeals for the D.C. Circuit · 1996
  3. Friends of the Atglen-Susquehanna Trail, Inc. v. Surface Transportation Board and United States of AmericaCourt of Appeals for the Third Circuit · 2001
  4. Kevin Jost,petitioners v. Surface Transportation Board and United States of America, Central Kansas Railway, Limited Liability Company, IntervenorCourt of Appeals for the D.C. Circuit · 1999
  5. Eldridge v. City of GreenwoodCourt of Appeals of South Carolina · 1998

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