Cite as: 503 U. S. 407 (1992)
Opinion of the Court
ering the effect of trackage rights and the just compensation award in assessing whether the conveyance would significantly impair B&M's ability to carry out its obligations, or in interpreting the availability-of-alternative-property provision as referring only to whether Amtrak could provide service using an alternative route, not whether a lesser interest in property would suffice to meet Amtrak's needs. Pp. 421-424. 2. The parties' challenges to the ICC's just compensation finding as well as certain other issues should be resolved on remand. P. 424.
286 U. S. App. D. C. 1, 911 F. 2d 743, reversed and remanded.
Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, O'Connor, Scalia, and Souter, JJ., joined. White, J., filed a dissenting opinion, in which Blackmun and Thomas, JJ., joined, post, p. 424.
Acting Solicitor General Roberts argued the cause for petitioners in both cases. With him on the briefs for petitioners in No. 90-1769 were Deputy Solicitor General Wallace, Michael R. Dreeben, Robert S. Burk, Henri F. Rush, and Charles A. Stark. Robert P. vom Eigen, Charles I. Appler, Theodore A. Howard, Richard F. Riley, Jr., Louis R. Cohen, Stephen C. Rogers, and Frederick C. Ohly filed briefs for petitioners in No. 90-1419.
Irwin Goldbloom argued the cause for respondents in both cases and filed a brief for respondent Boston & Maine Corporation. Jeffrey L. Amestoy, Attorney General of Vermont, John K. Dunleavy, Assistant Attorney General, Rex E. Lee, G. Paul Moates, Ronald S. Flagg, Robert J. Baum, and Michael F. McBride filed a brief for respondents State of Vermont et al.†
Justice Kennedy delivered the opinion of the Court.
The Interstate Commerce Commission (ICC or Commission) issued an order, upon the request of petitioner National
†Laurence Z. Shiekman, Paul A. Cunningham, Robert M. Jenkins III, and Bruce B. Wilson filed a brief for Concerned Railroads as amicus curiae urging affirmance.
409
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007