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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