CITY OF CHEROKEE v. I. C. C.

No. 81-1607.

671 F.2d 1080 (1982)

CITY OF CHEROKEE, Farmer's Co-Op, Archer Co-Op, Calumet Feed Service, Metz Baking Company, Ray Halder AGG Lime Service, Towena Elevator & Mill, C. S. Agro Corporation, Farmer's Co-Op George Iowa, Boyden AGG Lime and M. S. Stuckey, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Illinois Central Gulf Railroad Company, Intervenor-Respondent.

United States Court of Appeals, Eighth Circuit.

Decided February 17, 1982.

Rehearing and Rehearing Denied March 31, 1982.


Attorney(s) appearing for the Case

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

William F. Baxter, Asst. Atty. Gen., John J. Powers, III, Kenneth P. Kolson, Attys., Dept. of Justice, Richard A. Allen, Gen. Counsel, Henri F. Rush, Associate Gen. Counsel, Edward J. O'Meara (argued), Attys., I. C. C., Washington, D. C., for respondents.

Howard D. Koontz, John H. Doeringer, Chicago, Ill., R. Eden Martin, Lawrence A. Miller (argued), David M. Levy, Washington, D. C., Charles E. Dapron, John P. Emde, St. Louis, Mo., for Illinois Central Gulf R. Co.

Before HEANEY, ROSS and STEPHENSON, Circuit Judges.


Rehearing and Rehearing En Banc Denied March 31, 1982.

HEANEY, Circuit Judge.

This matter arises in connection with abandonment proceedings previously reviewed by this Court. See City of Cherokee v. ICC, 641 F.2d 1220 (8th Cir. 1981). The Illinois Central Gulf Railroad (ICG) seeks to abandon service on a 96-mile branch line between Cherokee, Iowa, and Sioux Falls, South Dakota. ICG's abandonment application was initially...

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