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STATE OF ME. DEPT. OF TRANSP. v. I. C. C.

No. 78-1045.

587 F.2d 541 (1978)

The STATE OF MAINE DEPARTMENT OF TRANSPORTATION, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Maine Central Railroad Company, Intervenor.

United States Court of Appeals, First Circuit.

Decided December 6, 1978.

Attorney(s) appearing for the Case

Lore H. Ford, III, Augusta, Me., for petitioner.

Wayne M. Senville, Atty., I.C.C., Washington, D. C., with whom John H. Shenefield, Asst. Atty. Gen., Robert S. Burk, Acting Gen. Counsel, Henri F. Rush, Associate Gen. Counsel, Robert B. Nicholson and William Coston, Attys., Dept. of Justice, Washington, D. C., on brief, for respondents.

Eugene D. Gulland, Washington, D. C., with whom Covington & Burling, Washington, D. C., and Scott W. Scully, Portland, Me., on brief, for intervenor, Maine Central Railroad Company.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

In this action to review an order of the Interstate Commerce Commission, the State of Maine asks us to set aside the ICC's order that the public convenience and necessity permits abandonment of Maine Central Railroad Company's (the Railroad) so-called Farmington Branch line between Livermore Falls and Farmington, Maine. The Farmington Branch consists of about 16 miles of track; in recent times freight trains have been operated over...

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