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REDDEN v. I.C.C.

No. 90-1034.

956 F.2d 302 (1992)

James E. REDDEN, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, CSX Transportation, Inc., Kokomo Grain Company, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 19, 1992.

As Amended February 19, 1992.

Attorney(s) appearing for the Case

Gordon P. MacDougall, Washington, D.C., for petitioner.

Louis Mackall, Atty., I.C.C., with whom Robert S. Burk, Gen. Counsel, and Henri F. Rush, Associate Gen. Counsel, for I.C.C., James F. Rill, Asst. Atty. Gen., Catherine G. O'Sullivan and John P. Fonte, Attys., Dept. of Justice, Washington, D.C., were on the brief for respondents. Craig M. Keats, Atty., I.C.C., Marion L. Jetton and Robert B. Nicholson, Attys., Dept. of Justice, Washington, D.C., also entered appearances for respondents.

Lawrence H. Richmond, with whom Peter J. Shudtz, Baltimore, Md., and Charles M. Rosenberger, Jacksonville, Fla., were on the brief, for intervenor CSX Transp., Inc.

Carl M. Millen entered an appearance, for intervenor Kokomo Grain Co., Inc.

Before WALD and WILLIAMS, Circuit Judges, and THOMAS, Circuit Justice.

Opinion for the Court filed by Circuit Justice THOMAS.

THOMAS, Circuit Justice:

In this case, we consider whether the Interstate Commerce Commission may exempt from regulation an abandonment of track conditioned upon the track's sale and continued operation, on the sole ground that the continued operation ensures satisfaction of the national transportation policy. We hold that it may not.

I

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