GEORGIA PUBLIC SERVICE COM'N v. UNITED STATES

No. 82-8643.

704 F.2d 538 (1983)

GEORGIA PUBLIC SERVICE COMMISSION, et al., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied June 28, 1983.


Attorney(s) appearing for the Case

Michael J. Bowers, Atty. Gen., Robert S. Stubbs, III, H. Perry Michael, J.O. Llewellyn, Thomas D. Watry, Asst. Attys. Gen., Atlanta, Ga., for Georgia Public Service Com'n and Georgia Dept. of Transp.

John P. Tucker, Jr., Atlanta, Ga., and Oliver H. Doss, Jr., Blue Ridge, Ga., for Fannin County, Ga., Zyrian Stone, Inc., City of Blue Ridge, Ga., and Mason Tractor Co., Inc.

John H. Broadley, Robert J. Grady, I.C.C., Washington, D.C., Frederic Freilicher, John J. Powers, III, Dept. of Justice, Washington, D.C., for respondents.

R. Lyle Key, Jr., Asst. Gen. Sol., Family Lines Rail System, John Wilson Humes, Jr., Asst. Gen. Atty., Jacksonville, Fla., for intervenor L & N R. Co.

Thomas H. Davis, Jr., Raleigh, N.C., for intervenor petitioner North Carolina Dept. of Transp.

Before GODBOLD, Chief Judge, KRAVITCH, Circuit Judge, and TUTTLE, Senior Circuit Judge.


Rehearing and Rehearing En Banc Denied June 28, 1983.

KRAVITCH, Circuit Judge:

Petitioners1 appeal from the decision of the Interstate Commerce Commission ("ICC") permitting the abandonment by the Louisville and Nashville Railroad Company ("L & N")2 of a railroad line known as the "Murphy Branch."3 We must decide whether the decision to permit the abandonment is unsupported...

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