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FRIENDS OF SIERRA R.R., INC. v. I.C.C.

No. 87-7407.

881 F.2d 663 (1989)

FRIENDS OF SIERRA RAILROAD, INC. and Tuolumne Park and Recreation District, Petitioners, v. INTERSTATE COMMERCE COMMISSION; United States of America, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided July 31, 1989.

Attorney(s) appearing for the Case

Charles H. Montange, Washington, D.C., for petitioners.

Evelyn G. Kitay, I.C.C., Washington, D.C., for respondents.

Charles I. Appler, Hopkins, Sutter, Hamel & Park, Washington, D.C., for intervenor-respondent.

Before CHOY, WALLACE and WIGGINS, Circuit Judges.

WALLACE, Circuit Judge:

Friends of Sierra Railroad, Inc. (Friends) petitions for review of the refusal of the Interstate Commerce Commission (ICC) to reopen a class exemption granted to the Sierra Railroad (Sierra) which permitted Sierra to abandon a one-mile segment of its rail line. Friends argued that the ICC granted the exemption through an invalid procedure, and that even under that procedure Sierra's exemption was void. Friends sought through reopening first...

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