Borough of Columbia; Shawnee Run Greenw Ay, Inc. v. Surface Transportation Board; United States of America

02-2599Court of Appeals for the Third Circuit26 ago 2003

Testo completo

*Honorable Louis H. Pollak, District Judge for the United States District Court for the
Eastern District of Pennsylvania, sitting by designation.
IN THE UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
____________
No. 02-2599
____________
BOROUGH OF COLUMBIA; SHAWNEE RUN
GREENW AY, INC.
Petitioners,
v.
SURFACE TRANSPORTATION BOARD; UNITED
STATES OF AMERICA,
Respondents,
FRANK SAHD SALVAGE,
Intervenor Respondent.
Appeal from the Surface Transportation Board
1411 Corp. — Abandonment Exemption — in Lancaster County, PA
STB Docket Nos. AB-529X & AB-581X
____________
Argued: April 10, 2003
Before: BARRY and ROSENN, Circuit Judges, POLLAK, District Judge*
(Opinion Filed August 26, 2003)
____________
ORDER AMENDING OPINION
____________
The slip opinion in the above case is hereby amended as follows:

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1. On page 26, in the third full paragraph, line 8, change “includes” to
“included.”
2. On page 27, in the first full paragraph, insert a comma after “April 12,
2001.”
3. On page 27, note 1, line 1, change “states” to “stated.”
4. On page 28, line 6, change “is” to “was.”
5. On page 30, in the first full paragraph, delete the ellipsis at the beginning of
the quotation.
6. On page 30, in the second full paragraph, line 2, change “was” to “is.”
7. On page 31, in the first full paragraph, line 2, insert a comma after “2001"
and change “owns” to “owned.”
8. On page 31, in the second full paragraph, line 4, change “desires” to
“desired.”
9. On page 31, in the last full paragraph, remove the quotation marks in lines 2
and 3.
10. On page 31, in the last paragraph, line 3, insert “or” before “a need for” and
on line 4 insert “or proof” before “that there is sufficient.” Delete also the
comma at the end of line 4.
11. On page 32, in the second full paragraph, lines 4 and 5, delete “is to” and
substitute “should.”
12. On page 33, the first full paragraph, delete the quotation marks at the end of
the block quotation.
BY THE COURT:
/s/ Max Rosenn
Circuit Judge
Dated: September 3, 2003

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