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I. C. C. v. CHICAGO & N.W. TRANSP. CO.

Nos. 75-1778, 75-1824.

533 F.2d 1025 (1976)

INTERSTATE COMMERCE COMMISSION, Appellant-Appellee, v. CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY and Larry S. Provo, Appellees-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 29, 1976.

Attorney(s) appearing for the Case

John J. Mahoney, Sr., Trial Atty., Bureau of Enforcement, I. C. C., Washington, D. C., for appellant-appellee; Bernard A. Gould, Dir., Bureau of Enforcement, I. C. C., Washington, D. C., on brief.

Frank W. Davis, Jr., Des Moines, Iowa, Christopher A. Mills, Chicago, Ill., for appellees-appellants.

Before GIBSON, Chief Judge, and STEPHENSON and WEBSTER, Circuit Judges.

WEBSTER, Circuit Judge.

The Interstate Commerce Commission instituted this action pursuant to 49 U.S.C. § 1(20) seeking preliminary and permanent injunctive relief against the Chicago and North Western Transportation Company (North Western) and its president, Larry S. Provo. See 28 U.S.C. §§ 1337, 1345. Specifically, the Commission seeks to restrain North Western from an allegedly unlawful abandonment of a thirty-mile branch line of railroad...

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