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STATE OF W. VA., EX REL. MANCHIN v. I.C.C.

No. 87-1244.

841 F.2d 1162 (1988)

STATE OF WEST VIRGINIA, ex rel. A. James MANCHIN, Treasurer of State, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Chesapeake and Ohio Railway Co., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 22, 1988.

Attorney(s) appearing for the Case

J. Bradley Russell, Sr. Asst. Atty. Gen., State of W. Va., Charleston, W. Va., for petitioner.

Michael Martin, Atty., I.C.C., with whom Robert S. Burk, Gen. Counsel, Ellen D. Hanson, Associate Gen. Counsel, I.C.C., John J. Powers III and David Seidman, Attys., Dept. of Justice, Washington, D.C., were on the brief for respondents.

Lawrence H. Richmond and Peter J. Shudtz, Baltimore, Md., were on the brief for intervenor, Chesapeake and Ohio Ry. Co.

Before WALD, Chief Judge, and SILBERMAN and BUCKLEY, Circuit Judges.

Opinion Per Curiam.

PER CURIAM:

In this case we review the decision of the Interstate Commerce Commission ("ICC" or "Commission") exempting from its full regulatory review a request by the Baltimore and Ohio Railroad ("CSX") to abandon a 60.57 mile segment of track between Walker and Wilsonburg, West Virginia. The Walker-Wilsonburg segment was at one time part of an important east-west main line with a history stretching back to before the Civil War. Despite...

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