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MARSHALL DURBIN FOOD CORP. v. I.C.C.

No. 91-7612.

959 F.2d 915 (1992)

MARSHALL DURBIN FOOD CORPORATION, Alabama Public Service Commission, Alabama State Docks and Terminal Railway Alabama State Docks, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Southrail Corporation, Intervenor-Respondent.

United States Court of Appeals, Eleventh Circuit.

April 30, 1992.

Attorney(s) appearing for the Case

Lawrence E. Newlin, Roberts & Isaf, Atlanta, Ga., Paul D. Cullen, Collier, Shannon & Scott, K. Michael O'Connell, Daniel J. Harrold, Martin A. Wright, Karen M. Lockwood, Washington, D.C., for Marshall Durbin Food Corp.

John W. Adams, Jr., Mobile, Ala., for Alabama State Dock and Terminal Ry., Alabama State Docks.

Laurence R. Latourette, Weiner, McCattrey, Brodsky, Kaplan & Levin, Christopher Eric Hagerup, Jill M. Hawken, Washington, D.C., for Southrail Corp.

Stanley W. Foy, Alabama Public Service Com'n, Montgomery, Ala., for Alabama Public Service Com'n.

William Bruce McKinley, MS Public Service Com'n, Jackson, Miss., for MS Pub. Serv. Com'n/intervenor.

Louis Mackall, ICC, Washington, D.C., for ICC.

Robert B. Nicholson, Dept. of Justice, Appellate Section, David Seidman, Washington, D.C., Richard Compere, U.S. Atty. Gen.'s Office, Jackson, Miss., for USA.

Before KRAVITCH and BIRCH, Circuit Judges, and KAUFMAN, Senior District Judge.

BIRCH, Circuit Judge:

This case pits the economic judgment of a private rail carrier against the interests of certain beneficiaries of that carrier's rail service. In this appeal, we review a decision of the respondent, the Interstate Commerce Commission ("ICC" or "Commission"), respecting intervenor-respondent SouthRail Corporation's ("SouthRail") application to abandon the 75-mile rail line between Whistler Station, Alabama and Waynesboro, Mississippi. The petitioners...

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