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TRI-B CORPORATION, SHELBY, IOWA v. I. C. C.

Civ. No. 3-649-W.

253 F.Supp. 715 (1966)

TRI-B CORPORATION, SHELBY, IOWA, Farmers Elevator, Inc., Shelby, Iowa, Albert Schirm, Walnut, Iowa, Van Nostrand Grain Co., Avoca, Iowa, Farmers Cooperative Creamery, Avoca, Iowa, Farmers Savings Bank, Shelby, Iowa, Town of Shelby, Iowa, and Iowa State Commerce Commission, Plaintiffs, v. INTERSTATE COMMERCE COMMISSION and the United States of America, Defendants, and Chicago, Rock Island and Pacific Railroad Company, Intervenor.

United States District Court S. D. Iowa, W. D.

April 29, 1966.

Attorney(s) appearing for the Case

Manning Walker, Avoca, Iowa, Leo J. Steffen, Des Moines, Iowa, for plaintiffs.

Thomas H. Ploss, Washington, D. C., for defendants.

B. A. Webster, Jr., Des Moines, Iowa, Thomas I. Megan, Chicago, Ill., for intervenor.

Before JOHNSEN, Circuit Judge, and STEPHENSON and HANSON, District Judges.

HANSON, District Judge.

This is an action by the plaintiffs to enjoin the defendants under Title 28, U. S.C., Section 2323.

The following facts are admitted:

On September 12, 1963, the railroad filed with the Interstate Commerce Commission its application for abandonment of a line extending in a westerly direction from Avoca to Shelby, a distance of 8.39 miles, and in an easterly direction from Avoca to Walnut, a distance of 6.40 miles.

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