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CITY OF CHEROKEE v. I.C.C.

No. 83-1374.

727 F.2d 748 (1984)

CITY OF CHEROKEE, Farmers CO-OP (Larrabee, Iowa), Farmer's CO-OP George Iowa, Calumet Feed Service, Rowena Elevator & Mill, Metz Baking Company, Ray Halder AGG Lime Service, C.S. Agro Corp., and Lawrence J. Crist, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents. Illinois Central Gulf Railroad Co., Intervenor/Respondent.

United States Court of Appeals, Eighth Circuit.

Decided February 10, 1984.

Rehearing Denied March 12, 1984.

Attorney(s) appearing for the Case

Marvin Wallace Miller and Gordon P. MacDougall, Washington, D.C., for petitioners.

Edward J. O'Meara, Washington, D.C., for respondents.

John H. Doeringer, Chicago, Ill., for intervenor/respondent.

Before HEANEY and McMILLIAN, Circuit Judges, and HENLEY, Senior Circuit Judge.

HEANEY, Circuit Judge.

On August 1, 1983, the Interstate Commerce Commission (Commission) issued an opinion affirming its January 18, 1983, decision granting the application of the Illinois Central Gulf Railroad (ICG) to abandon a 96-mile branch of rail line between Cherokee, Iowa, and Sioux Falls, South Dakota, called the Sioux Falls District line. This action by the Commission followed our remand of its February 15, 1980, decision to the same effect, Illinois...

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