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PRINSBURG COOP FERTILIZER COMPANY v. UNITED STATES

No. 4-70 Civ. 564.

338 F.Supp. 1059 (1971)

PRINSBURG COOP FERTILIZER COMPANY et al., Plaintiffs, Cedar Mills Town et al., Intervenor- and Plaintiffs, v. UNITED STATES of America, and Interstate Commerce Commission, Defendants, and Chicago & North Western Railway Company and Minneapolis Industrial Railway Company, Intervenor-Defendants.

United States District Court, D. Minnesota, Fourth Division.

September 15, 1971.

Attorney(s) appearing for the Case

James B. Lund and Y. D. Wada, Minneapolis, Minn., for plaintiffs, and counties of McLeod and Meeker, Village of Winsted, Silver Lake and Cosmos and Town of Cedar Mills, intervening plaintiffs.

Best, Flanagan, Lewis, Simonet & Bellows by Harold C. Evarts, Minneapolis, Minn., for Sterner Industries, Inc., intervening plaintiff.

Robert C. Renner, U. S. Atty. by J. Earl Cudd, Asst. U. S. Atty., Charles H. White, Jr., I. C. C., Washington, D. C., for defendants.

Chestnut, Jones, Brooks, Kennedy & Burkard by Jack L. Chestnut, Minneapolis, Minn., Stuart F. Gassner, Chicago, Ill., for intervening defendants, Chicago & North Western Railway Co. and Minneapolis Industrial Railway Co.

Before HEANEY, Circuit Judge, and LARSON and NEVILLE, District Judges.

MEMORANDUM

PER CURIAM:

The Interstate Commerce Commission, by virtue of Sections 1(18), 1(19), 1(20) and 1(22) of the Interstate Commerce Act, 49 U.S.C. §§ 1(18), 1(19), 1(20) and 1(22), has exclusive and plenary jurisdiction to regulate interstate commerce, including the abandonment of railroad lines transporting intrastate traffic as part of a larger interstate railroad system. Colorado v. United...

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