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

No. 82-2276.

735 F.2d 1059 (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, Respondent, and Chicago and North Western Transportation Company, Intervening Respondent.

United States Court of Appeals, Eighth Circuit.

Decided June 1, 1984.


Attorney(s) appearing for the Case

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

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.

Before LAY, Chief Judge, and HEANEY, BRIGHT, ROSS, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG and BOWMAN, Circuit Judges, en banc.


JOHN R. GIBSON, Circuit Judge.

The issue before us is whether, in a rail abandonment proceeding, the consideration of opportunity costs must be accompanied by evidence and findings that the carrier will reinvest the assets freed by the abandonment in alternative rail uses. Petitioners argue that the failure to impose such a reinvestment condition contravened the ICC's statutory mandate and was arbitrary and capricious. A panel of this court decided, with Judge Fagg...

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