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GOOS v. I.C.C.

No. 89-2142.

911 F.2d 1283 (1990)

Todd GOOS, et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents. Natural Heritage Foundation, Southwest Iowa Nature Trails Project, Inc. and Rails to Trails Conservancy, Intervenor. Page County Conservation Board, Intervenor. Iowa Southern Railroad Company, Inc., Intervenor.

United States Court of Appeals, Eighth Circuit.

Decided August 22, 1990.

Attorney(s) appearing for the Case

T. Scott Bannister, Des Moines, Iowa, for petitioners.

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

Evelyn Kitay, Washington, D.C., for intervenors.

Before BEAM, Circuit Judge, HEANEY, Senior Circuit Judge, and LARSON, Senior District Judge.

BEAM, Circuit Judge.

Todd Goos and twenty other landowners filed a petition for review of an Interstate Commerce Commission decision. In the decision, served on May 18, 1989, the I.C.C. reconsidered its grant of an exemption pursuant to 49 U.S.C. § 10505 (1982) for a transaction involving a railroad line in Iowa. The holding, in which the I.C.C. characterized the landowners' challenge as one not to the exemption but to the issuance of a Notice of Interim Trail...

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