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CITY OF WAUSAU, WIS. v. UNITED STATES

No. 82-1559.

703 F.2d 1042 (1983)

CITY OF WAUSAU, WISCONSIN, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided April 1, 1983.

Attorney(s) appearing for the Case

William P. Nagle, City Atty., City of Wausau, Wausau, Wis., for petitioner.

Richard J. Osterman, Jr., I.C.C. Office of Gen. Counsel, Washington, D.C., for respondents.

Before WOOD, ESCHBACH, Circuit Judges, and SWYGERT, Senior Circuit Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

The issue is whether the denial by the Interstate Commerce Commission ("ICC" or "Commission") of a petition to reopen a railroad abandonment proceeding was an abuse of discretion, because it was either arbitrary or capricious.

I

On August 14, 1980, the Chicago and North Western Transportation Company ("railroad") notified the ICC of its intent to file, pursuant to 49 U.S.C. § 10904, "an application for a...

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