Decision 35871
Served (printed as 5/12/2005) · Decision · Director Of Proceedings
(1) POSTPONED THE EFFECTIVE DATE OF THE EXEMPTION TO PERMIT THE OFA PROCESS UNDER 49 U.S.C. 10904 AND 49 1152.27 TO PROCEED; (2) ADVISED THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION AND ROCKY MOUNT AND WESTERN RAILROAD CO., INC. IF THEY CANNOT AGREE ON THE PURCHASE PRICE, EITHER PARTY MAY REQUEST THE BOARD TO ESTABLISH THE TERMS AND CONDITIONS OF THE PURCHASE PRICE ON OR BEFORE JUNE 8, 2005, AND (3) CONCLUDED THAT IF NO AGREEMENT IS REACHED AND NO REQUEST IS SUBMITTED BY THAT DATE, THE BOARD WILL SERVE A DECISION VACATING THIS DECISION AND ALLOWING THE ABANDONMENT EXEMPTION TO BECOME EFFECTIVE.
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