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I. C. C. v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD CO.

No. 73-1920.

501 F.2d 908 (1974)

INTERSTATE COMMERCE COMMISSION, Appellant, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 24, 1974.

Rehearing and Rehearing Denied August 27, 1974.

Attorney(s) appearing for the Case

Lawrence W. Chamblee, Atty., Interstate Commerce Commission, Washington, D. C., for appellant.

Kenneth C. Stephan, Knudsen, Berkheimer, Endacott & Beam, Lincoln, Neb., for appellee.

Before GIBSON and WEBSTER, Circuit Judges, and WILLIAMS, District Judge.

Rehearing and Rehearing En Banc Denied August 27, 1974.

GIBSON, Circuit Judge.

This litigation might be considered another chapter in the saga of the vanishing American railroads. Due to an abandonment of approximately 39 miles of track by the Chicago, Rock Island and Pacific Railroad Company (the Rock Island), the residents of Gladstone, Gilead, Hebron, Deshler and Ruskin, Nebraska, no longer have to "stop, look, and listen" before crossing the Rock Island...

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