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CITY OF JERSEY CITY v. CONSOLIDATED RAIL CORP.

Civil Action No.: 09-1900.

741 F.Supp.2d 131 (2010)

CITY OF JERSEY CITY et al., Plaintiffs, v. CONSOLIDATED RAIL CORPORATION, Defendant, and 212 Marin Boulevard, LLC et al., Intervenor-Defendants.

United States District Court, District of Columbia.

September 28, 2010.

Attorney(s) appearing for the Case

Andrea C. Ferster, Washington, DC, Charles H. Montange, Seattle, WA, for Plaintiffs.

Robert M. Jenkins, III, Adam Charles Sloane, Grace H. Kwon, Mayer Brown LLP, Washington, DC, for Defendant.

Fritz Reiner Kahn, Fritz R. Kahn, P.C., Washington, DC, Herbert J. Stern, Stephen M. Plotnick, Stern & Kilcullen, LLC, Roseland, NJ, for Intervenor-Defendants.

MEMORANDUM OPINION

DENYING THE PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT; GRANTING THE DEFENDANTS' CROSS-MOTION FOR SUMMARY JUDGMENT

RICARDO M. URBINA, District Judge.

I. INTRODUCTION

The plaintiffs in this action are the municipality of Jersey City, New Jersey and two nonprofit organizations, the Rails to Trails Conservancy ("the RTC") and the Pennsylvania Railroad Harismus Stem Embankment Preservation Coalition ("the Coalition...

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