THIRD SERIES OF ORAL ARGUMENTS SCHEDULED FOR JAN. 26, 2010

[STBNews@xxxxxxxxxxx]

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>From the Surface Transportation Board, Washington, D.C.
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The Surface Transportation board has scheduled a third series of oral
arguments for Tuesday, January 26, 2010, at 9:30 a.m., at the STB's
Washington headquarters.


                                         Board members will hear from
                                         parties in San Benito Railroad
                                         LLC—Acquisition Exemption—Certain
                                         Assets of Union Pacific Railroad
                                         Company (San Benito), STB Finance
                                         Docket No. 35225; and Allegheny
                                         Valley Railroad Company—Petition
                                         for Declaratory Order (Allegheny
                                         Valley), STB Finance Docket No.
                                         35239.


                                         In the San Benito case, a
                                         non-carrier wants to purchase
                                         12.43 miles of rail line from the
                                         Union Pacific Railroad in a
                                         transaction that would allow San
                                         Benito to purchase the physical
                                         assets of the rail line without
                                         incurring common-carrier
                                         obligations.  San Benito cites the
                                         Interstate Commerce Commission's
                                         decision in State of Maine—Acq.
                                         And Op. Exempt, 8 I.C.C.2d 935
                                         (1991) (State of Maine), and
                                         subsequent Board decisions
                                         addressing State of Maine as
                                         precedent.  The Brotherhood of
                                         Maintenance of Way Employes
                                         Division/IBT and the Brotherhood
                                         of Railroad Signalmen oppose the
                                         transaction and contend that State
                                         of Maine was wrongly decided.


                                         In the Allegheny Valley case, the
                                         Allegheny Valley Railroad filed a
                                         petition for a declaratory order
                                         to determine whether a rail-line
                                         segment in Pittsburgh, PA, remains
                                         an active rail easement.  Claiming
                                         the easement remains active,
                                         Allegheny Valley wants to restore
                                         the line segment as part of a
                                         longer line and provide passenger
                                         and freight rail service over it.
                                         The segment spans property owned
                                         by The Buncher Company, which
                                         claims that the segment has been
                                         abandoned and that the property
                                         interest has been extinguished.


                                         Each side in each case will have
                                         20 minutes to argue its position
                                         and to take questions from Board
                                         members, similar to proceedings in
                                         federal appellate courts.  The
                                         oral argument is scheduled to
                                         begin at 9:30 a.m. in the hearing
                                         room at STB headquarters, 395 E
                                         Street SW in Washington, D.C.
                                         Though the proceedings are open to
                                         the public, only counsel for the
                                         parties to the cases will be
                                         permitted to speak.  Photo
                                         identification is necessary to
                                         enter the building.


                                         A live video broadcast of the oral
                                         argument will be available via the
                                         Board's Web site at
                                         http://www.stb.dot.gov, under
                                         "Information
                                         Center"/"Webcast"/"Live Video" on
                                         the home page.


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