[Federal Register Volume 61, Number 97 (Friday, May 17, 1996)]
[Notices]
[Pages 25012-25013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12457]



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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board \1\
[STB Finance Docket No. 32899] <SUP>2


Owensville Terminal Company, Inc.; Acquisition and Operation 
Exemption--Poseyville & Owensville Railroad Company, Inc.

    Owensville Terminal Company, Inc. (OTC), a noncarrier, filed a 
notice of exemption to acquire from Poseyville & Owensville Railroad 
Company, Inc. (P&O), and operate approximately 11.2 miles of rail 
branch line in Gibson and Posey Counties, IN, between milepost 271.0 in 
Poseyville and milepost 282.2 in Owensville.<SUP>3 The transaction was 
to be consummated on or after April 19, 1996.<SUP>4
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    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803, which was enacted on December 29, 1995, and took effect 
on January 1, 1996, abolished the Interstate Commerce Commission and 
transferred certain functions to the Surface Transportation Board 
(Board). This notice relates to functions that are subject to Board 
jurisdiction pursuant to 49 U.S.C. 10901.
    <SUP>2 This notice corrects the notice previously served and 
published in the Federal Register on May 7, 1996. The prior notice 
erroneously stated that Owensville Terminal Company, Inc., is a 
subsidiary of RailAmerica, Inc.
    <SUP>3 P&O owns the line and operates it as a branch line, using 
equipment and labor supplied under contract by Garden Spot & Ohio 
Railroad (GS&O). The line connects with GS&O at Poseyville.
    <SUP>4 P&O was placed into receivership by the Gibson County 
Superior Court, Gibson County, IN, in Cause No. 26001-9303-CP-0010. 
On March 19, 1993, the court appointed Robert W. Musgrave (Musgrave) 
receiver for P&O. Pursuant to a March 26, 1996 court order, Musgrave 
agreed to sell the line (real estate, leases and licenses, track, 
ties, and other track materials) to RailAmerica, Inc. (Rail 
America), a Delaware corporation. RailAmerica, in turn, will assign 
its rights and interests in the line to OTC, and Huron and Eastern 
Railway Company, Inc. (Huron), will supply the labor and equipment, 
as needed, for OTC to operate the line. OTC and Huron are Michigan 
corporations, and Huron is a RailAmerica subsidiary.
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    This notice is filed under 49 CFR 1150.31. If the notice contains 
false or misleading information, the exemption is void ab initio. 
Petitions to reopen the proceeding to revoke the exemption under 49 
U.S.C. 10502(d) [formerly section 10505(d)] may be filed at any time. 
The filing of a petition to reopen will not automatically stay the 
transaction. An original and 10 copies of all pleadings, referring to 
STB Finance Docket No. 32899, must be filed with the Surface 
Transportation Board, Office of the Secretary, Case Control Branch, 
1201 Constitution Avenue NW., Washington, DC 20423. In addition, a copy 
of each pleading must be served on Robert P. vom Eigen, Esq., Hopkins & 
Sutter, 888 16th Street NW., Washington, DC 20006.

    Decided: April 29, 1996.


[[Page 25013]]


    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-12457 Filed 5-16-96; 8:45 am]
BILLING CODE 4915-00-P