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BALTIMORE AND OHIO R.R. CO. v. I.C.C.

No. 86-1474.

826 F.2d 1125 (1987)

BALTIMORE AND OHIO RAILROAD COMPANY, et al., Petitioners v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Pennsylvania Electric Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 25, 1987.

Attorney(s) appearing for the Case

Lawrence H. Richmond, Washington, D.C., with whom Peter J. Shudtz, Baltimore, Md., was on the brief, for petitioners.

Richard J. Osterman, Jr., Atty., I.C.C., with whom Robert S. Burk, Gen. Counsel and Ellen D. Hanson, Associate Gen. Counsel, I.C.C., were on the brief, and John J. Powers III and Donald S. Clark, Attys., Dept. of Justice, Washington, D.C., for respondents.

McNeill Watkins II, Washington, D.C., was on the brief, for intervenors.

Before EDWARDS and SILBERMAN, Circuit Judges, and PARKER, Senior Judge, United States District Court for the District of Columbia.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

The Baltimore and Ohio Railroad Company ("B & O") petitions for review of a decision by the Interstate Commerce Commission ("ICC" or "Commission") denying its application to abandon approximately seven miles of railroad line. B & O contends the Commission's determination that "public convenience and necessity" require B & O's continued operation of the line was arbitrary...

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