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CHENEY R. CO., INC. v. I.C.C.

No. 89-1219.

902 F.2d 66 (1990)

CHENEY RAILROAD COMPANY, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and The United States of America, Respondents, Tyson Foods, Inc., CSX Transportation, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 27, 1990.

Opinion on Denial of Rehearing June 23, 1990.

Rehearing Denied June 23, 1990.

Attorney(s) appearing for the Case

William P. Jackson, Jr., with whom David C. Reeves, Arlington, Va., was on the brief, for petitioner.

Evelyn G. Kitay, Attorney, for the I.C.C., with whom Robert S. Burk, Gen. Counsel and Ellen D. Hanson, Associate Gen. Counsel for the I.C.C., Washington, D.C., James F. Rill, Asst. Atty. Gen., Catherine G. O'Sullivan and Marion Jetton, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents. John P. Fonte, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for respondents.

John A. Menke, with whom Fritz R. Kahn, Washington, D.C., was on the brief, for intervenor Tyson Foods, Inc.

Charles M. Rosenberger, Lawrence H. Richmond, Washington, D.C. and Peter J. Schudtz were on the brief, for intervenor CSX Transp., Inc.

Before BUCKLEY, WILLIAMS, and D.H. GINSBURG, Circuit Judges.

Rehearing En Banc Denied June 23, 1990.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

The Interstate Commerce Commission has forced CSX Transportation, Inc. to sell its rail trackage between Greens and Ivalee, Alabama, which it had intended to abandon. The Commission's order allowed the line to be split, at CSX's option but against the wishes of petitioner Cheney Railroad Company, between the...

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