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NEW ENGLAND SO. R. CO. v. U. S. DEPT. OF TRANSP.

Civ. A. No. 82-17.

544 F.Supp. 917 (1982)

NEW ENGLAND SOUTHERN RAILROAD CO., INC., Plaintiff, v. UNITED STATES DEPARTMENT OF TRANSPORTATION; Andrew L. Lewis, Jr., Secretary of Transportation; Federal Railroad Administration; and, Robert W. Blanchette, Federal Railroad Administrator, Defendants, Massachusetts Central Railroad Corporation, Intervenor/Crossclaimant, Pinsly Railroad Corporation, Intervenor.

Special Court, Regional Rail Reorganization Act.

July 28, 1982.

Attorney(s) appearing for the Case

William V. DePaulo, Bracewell & Patterson, Washington, D. C., for plaintiff New England Southern R. Co.

J. Paul McGrath, Asst. Atty. Gen., Jane A. Restani, Alan E. Kleinburd, Attys, Dept. of Justice, Civ. Div., Washington, D. C. (Grady Cothen, Jr., F. R. A., Dept. of Transp., Washington, D. C., of counsel), for defendant Federal Railroad Administration.

Jerome Nelson, Steven Sarfatti, Washington, D. C. (Schwalb, Donnenfeld, Bray & Silbert, John Heffner, Pepper & Corazzini, Washington, D. C., of counsel), for intervenor/crossclaimant Massachusetts Central R. Corp.

Robert L. Calhoun, Paulette S. Kessler, Sullivan & Worcester, Washington, D. C., for intervenor Pinsly R. Corp.

Before GASCH, Presiding Judge, and BRYANT and WEINER, Judges.

BRYANT, Judge:

The Federal Railroad Administrator (the Administrator) on May 27, 1982 decided to transfer two railroad lines in Massachusetts to the Pinsly Railroad Company (Pinsly). Two disappointed applicants for the lines, New England Southern (NES) and Massachusetts Central (MC), subsequently moved this court to enjoin the transfer as arbitrary, capricious, and not in accordance with the law.1 For the reasons stated below, we hold...

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