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NEEDVILLE COTTON WAREHOUSE, INC. v. I.C.C.

No. 87-4721. Summary Calendar.

845 F.2d 550 (1988)

NEEDVILLE COTTON WAREHOUSE, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

May 20, 1988.

Attorney(s) appearing for the Case

Merrick C. Walton, Houston, Tex., for petitioner.

Hugh L. McCulley, Elaine L. Lawson, Houston, Tex., for intervenor Southern Pacific Trans. Co.

Robert S. Burk, Gen. Counsel, ICC, Michael Martin, Atty., Edwin Meese, III, Atty. Gen., Marion L. Jetton, Atty., John J. Powers, III, Atty., U.S. Dept. of Justice, Appellate Sec., Washington, D.C., for respondents.

Before GEE, GARWOOD, and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Appellant, Needville Cotton Warehouse, Inc. (Needville), appeals the Interstate Commerce Commission's (ICC) dismissal of its petition to reopen the proceeding on a rail line abandonment exemption granted to the Southern Pacific Transportation Company (Southern). We affirm the ICC's decision.

BACKGROUND

In 1985, the ICC granted Southern permission to discontinue service over the Guy Branch rail line in Fort Bend County...

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