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SOO LINE R. CO. v. UNITED STATES

No. 79-1667.

625 F.2d 183 (1980)

SOO LINE RAILROAD COMPANY, Petitioner, v. The UNITED STATES of America and the Interstate Commerce Commission, Respondent. The Horner Flooring Company, Intervenor-Respondent. Northern Hardwoods Div./Copper Range Company, Intervenor-Respondent. State of Michigan, Department of Transportation, Intervenor-Respondent. United Transportation Union, Intervenor-Respondent. Bureau of Industrial Development, Michigan Technological University, Intervenor-Respondent. Silver Forest Products, Inc., Intervenor-Respondent. Railroad Steering Committee of the Copper Country Area Industrial Council, 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

C. Harold Peterson, Minneapolis, Minn., for petitioner.

Peter L. de la Cruz (on brief), Atty., Dept. of Justice, Washington, D. C., for respondent, U. S.; John H. Shenefield, Asst. Atty. Gen., Barry Grossman, Washington, D. C., on brief.

Denise M. O'Brien (on brief), Atty., I. C. C., Washington, D. C., for respondent, I. C. C.; Richard A. Allen, Gen. Counsel, Robert S. Burk, Deputy Gen. Counsel, Washington, D. C., on brief.

L. John Osborn (on brief), Washington, D. C., for intervenor-respondent, State of Michigan; Frank J. Kelley, Atty. Gen., Irena Kalvans, Asst. Atty. Gen., Lansing, Mich., Fritz R. Kahn, Sp. Asst. Atty. Gen., Dept. of Transp., Washington, D. C., on brief.

Mark W. Chessman (on brief), Dearborn, Mich., for intervenor-respondent, United Transportation Union; James F. Schouman, Dearborn, Mich., on brief.

Before BRIGHT, ROSS and McMILLIAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 17, 1980.

PER CURIAM.

Soo Line Railroad Company (Soo Line) appeals a decision of the Interstate Commerce Commission which denied the railroad's application for abandonment of approximately 30 miles of branch line. Soo Line's application sought the abandonment of 50 miles of branch line located in the Upper Peninsula of Michigan. The Administrative Law Judge (ALJ) found that public convenience and necessity required...

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