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SOUTHERN PACIFIC TRANSP. CO. v. I.C.C.

No. 88-7009.

871 F.2d 838 (1989)

SOUTHERN PACIFIC TRANSPORTATION COMPANY, Petitioner, v. INTERSTATE COMMERCE COMMISSION; United States of America, Respondents, County of El Dorado, Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided March 29, 1989.

Attorney(s) appearing for the Case

Gary A. Laakso, San Francisco, Cal., for petitioner.

Louis Mackall, I.C.C., Washington, D.C., for respondents.

Charles H. Montange, Washington, D.C., for respondent-intervenor.

Before BROWNING, BEEZER and KOZINSKI, Circuit Judges.

JAMES R. BROWNING, Circuit Judge:

The Interstate Commerce Commission rejected Southern Pacific's application to abandon its 38.573-mile Placerville Branch serving El Dorado County, California, near Lake Tahoe, essentially on the ground that abandonment would be premature. Southern Pacific petitions for review pursuant to 28 U.S.C. §§ 2321(a) and 2342(5). We deny the petition.

I.

Southern Pacific claimed that present and estimated future...

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