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CITY OF CHEROKEE v. I. C. C.

No. 80-1185.

641 F.2d 1220 (1981)

CITY OF CHEROKEE, Rock Rapids Community Affairs Corporation, Farmer's Co-Op, Archer Co-Op, Calumet Feed Service, K-F Motors, Metz Baking Company, Ray Halder AGG Lime Service, Rowena Elevator & Mill, L. C. Burkhalter and M. S. Stuckey, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, and Illinois Central Gulf Railroad Company, Intervenor-Respondent.

United States Court of Appeals, Eighth Circuit.

Decided February 12, 1981.

Rehearing Denied March 17, 1981.

Rehearing and Rehearing Denied April 9, 1981.

Attorney(s) appearing for the Case

Marvin Wallace Miller, City Sol., Cherokee, Iowa, Gordon P. MacDougall, Washington, D. C., for petitioners.

Charles E. Dapron, John P. Emde, Armstrong, Teasdale, Kramer & Vaughan, St. Louis, Mo., John H. Doeringer, Chicago, Ill., for intervenor-respondent Illinois Central Gulf Railroad Co.

Sanford M. Litvack, Asst. Atty. Gen., John J. Powers, III, Chief, Appellate Section, Susan J. Atkinson, Atty., Appellate Section, Antitrust Div., Dept. of Justice, Washington, D. C., Richard A. Allen, Gen. Counsel, Henri F. Rush, Associate Gen. Counsel, Joseph H. Dettmar, Atty., I.C.C., Washington, D. C., for respondents.

Before HEANEY, ADAMS and STEPHENSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 9, 1981.

HEANEY, Circuit Judge.

On February 2, 1980, the Interstate Commerce Commission (Commission) rejected the recommendation of its Administrative Law Judge and authorized the Illinois Central Gulf Railroad Company (ICG) to abandon over 96 miles of track between Cherokee, Iowa, and Sioux Falls, South Dakota — the Sioux Falls District line. After a thorough review of the record, we find that the Commission...

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