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I. C. C. v. ST. JOHNSBURY & LAMOILLE COUNTY RAILROAD

Civ. A. No. 73-3.

403 F.Supp. 903 (1973)

INTERSTATE COMMERCE COMMISSION, Plaintiff, Vermont Public Service Board, Intervening Plaintiff, v. ST. JOHNSBURY AND LAMOILLE COUNTY RAILROAD and S. M. Pinsly.

United States District Court, D. Vermont.

February 1, 1973.

Attorney(s) appearing for the Case

John J. Mahoney, Interstate Commerce Comm., Washington, D.C., Averill Laundon, Gen. Counsel, Public Service Bd., Montpelier, Vt., for plaintiffs.

G. Clark Cummings, Kelley, Drye, Warren, Clark, Carr & Ellis, New York City, Ryan, Smith & Carbine, Rutland, Vt., John H. Downs, St. Johnsbury, Vt., for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

HOLDEN, Chief Judge.

Plaintiffs seek an injunction ordering the defendants to comply with 49 U.S.C. § 1(18).1 This provision of the Interstate Commerce Act forbids a railroad subject to federal regulation from abandoning operations without first having obtained a certificate of public convenience and necessity from the Interstate Commerce Commission. The I.C.C. initiated this action...

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