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MISSOURI PACIFIC R. CO. v. UNITED STATES

No. 79-1256.

625 F.2d 178 (1980)

MISSOURI PACIFIC RAILROAD COMPANY, Petitioner, v. The UNITED STATES of America and Interstate Commerce Commission, Respondents, Elcor Corporation, Intervenor-Respondent.

United States Court of Appeals, Eighth Circuit.

Decided March 17, 1980.

Rehearing and Rehearing Denied June 17, 1980.

Attorney(s) appearing for the Case

John P. Legendre, Dallas, Tex., and Robert Lewis Thompson, App. Section, Antitrust Div., Dept. of Justice, Washington, D. C., for petitioner; Mark M. Hennelly, St. Louis, Mo., William R. McDowell, Dallas, Tex., Robert H. Stahlheber, Joseph J. Gazzoli, St. Louis, Mo., John P. Legendre, Dallas, Tex., on brief.

Richard A. Allen, Gen. Counsel, Henri F. Rush, (argued) Associate Gen. Counsel, I.C.C., Ellen K. Schall, Attys., Washington, D. C., on brief for respondent.

John R. Feather, (argued) Johnston & Feather, Dallas, Tex., Bruce E. Turner and Lawrence G. Boyd, Dallas, Tex., on brief for intervenor.

John H. Shenefield, Asst. Atty. Gen., John J. Powers, III and Robert Lewis Thompson, Antitrust Div., Dept. of Justice, Washington, D. C., on brief for respondent, United States.

Before ROSS and HENLEY, Circuit Judges, and PORTER, District Judge.

Rehearing and Rehearing En Banc Denied June 17, 1980.

ROSS, Circuit Judge.

Missouri Pacific Railroad Company (MoPac) appeals a ruling of the Interstate Commerce Commission denying MoPac's request to abandon a 27.2 mile spur line in a remote area of western Texas.

The spur line in question was built in 1968 at a cost of over 3.5 million dollars. The line was constructed for the sole purpose of providing service to the Elcor Corporation's "Rock House...

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