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This is the determination of the Railroad Retirement Board concerning the
continuing status of Connotton Valley Railway, Inc. (CVR) (B.A. No. 2283) as an
employer under the Railroad Retirement Act (45 U.S.C. § 231, et seq.)(RRA) and
the Railroad Unemployment Insurance Act (45 U.S.C. § 351, et seq.)(RUIA). CVR
has been ruled to be an employer under the RRA and RUIA with service creditable
from October 14, 2002. CVR ceased operations on June 18, 2004. CVR operated a
rail line which it leased from Wheeling and Lake Erie Railway Company (B.A. No.
3373) (W&LE). CVR also leased a locomotive from Wheeling and Lake Erie Railway
Company. W&LE cancelled CVR’s lease effective June 18, 2004 and took back its
locomotive on or after June 18, 2004. CVR’s corporate status was cancelled on
January 4, 2007 by the State of Ohio Tax Department. Surface Transportation
Board (STB) authority for a new operator to take over the operations which CVR
ceased on June 18, 2004 is set forth in STB Finance Docket No. 34521, decided
July 30, 2004.
Section 202.11 of the Board’s regulations provides that:
The employer status of any company or person shall terminate whenever such
company or person loses any of the characteristics essential to the existence of
an employer status.
Based on the information set forth above, it is the determination of the
Railroad Retirement Board that Connotton Valley Railway, Inc. ceased being an
employer under the RRA and RUIA on June 18, 2004, the date on which it ceased
operations.
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Original signed by: |
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FOR THE BOARD
Beatrice Ezerski
Secretary to the Board |
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