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BUSBOOM GRAIN CO., INC. v. I.C.C.

No. 87-2228.

830 F.2d 74 (1987)

BUSBOOM GRAIN CO., INC., Fisher Farmers Grain & Coal Co., and Patrick W. Simmons, Petitioners, v. INTERSTATE COMMERCE COMMISSION, United States of America, and CSX Transportation, Inc., Respondents.

United States Court of Appeals, Seventh Circuit.

Decided September 2, 1987.

Opinion Issued October 2, 1987.

Attorney(s) appearing for the Case

Thomas F. McFarland, Jr., Belnap, Spencer, McFarland, Emrich & Herman, Chicago, Ill., Gordon P. MacDougall, Washington, D.C., for petitioners.

Dennis J. Starks, Office of Gen. Counsel, I.C.C., John J. Powers, III, U.S. Dept. of Justice, Washington, D.C., for respondents.

Before CUMMINGS, FLAUM, and EASTERBROOK, Circuit Judges.

EASTERBROOK, Circuit Judge.

The Interstate Commerce Commission granted the application of the Chessie System (CSX Transportation) to abandon service on 14 miles of rail line between Henning and Brothers, Illinois, effective September 3, 1987. The ICC found that it would cost Chessie about $36,000 in repairs to keep the line going for another year, and that Chessie was incurring about $32,000 every year in opportunity costs to hold the line in service. (Opportunity...

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