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CARTERSVILLE ELEVATOR, INC. v. I.C.C.

No. 82-2276.

724 F.2d 668 (1984)

CARTERSVILLE ELEVATOR, INC., Community Elevators, Inc., Farms Co-op Society, Farmers Community Co-op Elevator, Farmers Community Co-op, Inc., and Four County Agricultural Supply, Inc., Petitioners, v. INTERSTATE COMMERCE COMMISSION, Respondents, and Chicago and North Western Transportation Company, Intervening Respondent.

United States Court of Appeals, Eighth Circuit.

Decided January 3, 1984.

Attorney(s) appearing for the Case

Michael P. Casey, St. Louis, Mo., Thomas F. McFarland, Jr., Chicago, Ill., for petitioners; Lewis, Rice, Tucker, Allen & Chubb, St. Louis, Mo., Belnap, Spencer & McFarland, Chicago, Ill., of counsel.

Robert T. Opal, Chicago, Ill., for intervening respondent Chicago and North Western Transp. Co.

John Broadley, Gen. Counsel, Henri F. Rush, Associate Gen. Counsel, Louis Mackall, Atty., I.C.C., Washington, D.C., for I.C.C.

Before BRIGHT, JOHN R. GIBSON, and FAGG, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

The Interstate Commerce Commission approved the abandonment of 35.6 miles of railroad line between Mason City and Kesley, Iowa (Mason City line) operated by the Chicago and North Western Transportation Company (CNW). Six shippers who used the line to ship or receive grain, fertilizer and agricultural supplies opposed the abandonment before the ICC and petitioned this court for judicial review of the ICC's decision. The shippers claim...

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