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STATE OF TEXAS v. UNITED STATES

No. 80-1715 Summary Calendar.

642 F.2d 87 (1981)

STATE OF TEXAS, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Fifth Circuit. Unit A.

February 26, 1981.

Attorney(s) appearing for the Case

Mark White, Atty. Gen., R. Lambeth Townsend, Asst. Atty. Gen., Austin, Tex., for petitioner.

Barry J. Brooks, Brooks & Matthews, Dallas, Tex., for intervenor, Tex-Iron, Inc.

Benjamin R. Civiletti, Atty. Gen., John J. Powers, III, Daniel J. Conway, U. S. Dept. of Justice, David Popowski, Robert J. Grady, I. C. C., Washington, D. C., for respondents.

Raymond J. Sallassi, Jr., Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., Jose E. Guzeman, Jr., San Francisco, Cal., for intervenor Southern Pacific.

Before GEE, RUBIN and RANDALL, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge.

The State of Texas and Tex-Iron, Inc., as intervenor, contend that the Interstate Commerce Commission failed to evaluate properly public convenience and necessity in permitting Southern Pacific (SP) to abandon that part of its railroad line running between Bonita Junction and Seagoville, Texas, on condition that it sell two segments of the line to its subsidiary, Southwestern Railway Company...

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