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STATE CORP. COM'N v. U.S.

No. 86-2470.

894 F.2d 1141 (1989)

STATE CORPORATION COMMISSION, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, and Missouri Pacific Railroad Company, Intervenor-Respondent.

United States Court of Appeals, Tenth Circuit.

Publication Ordered January 31, 1990.

Attorney(s) appearing for the Case

Frank A. Caro, Jr., Gen. Counsel, and Glenda L. Cafer, Asst. Gen. Counsel, Kan. Corp. Com'n, Topeka, Kan., for petitioner State Corp. for State of Kan.

Robert S. Burk, Gen. Counsel, Ellen D. Hanson, Associate Gen. Counsel, and Evelyn G. Kitay, Interstate Commerce Com'n, Washington, D.C., for respondent Interstate Commerce Com'n.

Charles F. Rule, Asst. Atty. Gen., Catherine G. O'Sullivan and David Seidman, Dept. of Justice, Antitrust Div., Washington, D.C., for respondent U.S.

Joseph D. Anthofer, Gen. Atty., Omaha, Neb., for intervenor-respondent Mo. Pacific R. Co.

T.L. Green, T.L. Green & Associates, P.A., Topeka, Kan., filed an amicus curiae brief for Northeast Kan. Rail Users Ass'n.

Before McKAY and BRORBY, Circuit Judges and BOHANON, District Judge.

BOHANON, Senior District Judge.

The State Corporation Commission for the State of Kansas ("KCC") seeks review of an order of the Interstate Commerce Commission ("ICC") which granted the Missouri Pacific Railroad Company ("MP") the right to abandon 66 miles of track. KCC is primarily challenging several findings of the ICC and the sufficiency of the underlying evidence.

In accordance with 49 U.S.C. § 10903, MP filed an application with the ICC in December...

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