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PHILLIPS CO. v. DENVER AND RIO GRANDE WESTERN R.

No. 95-1412.

97 F.3d 1375 (1996)

PHILLIPS COMPANY, named: The Phillips Company, Plaintiff-Counter-Defendant-Appellant, v. The DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, a Delaware corporation; Southern Pacific Rail Corporation, a Delaware corporation, Defendants-Counter-Claimants-Appellees, The Surface Transportation Board, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

October 16, 1996.

Attorney(s) appearing for the Case

George M. Allen, Telluride, CO, for Plaintiff-Counter-Defendant-Appellant.

John R. Webb, Holme Roberts & Owen LLC, Denver, CO, for Defendants-Counter-Claimants-Appellees.

Henri F. Rush, General Counsel, Louis Mackall, V, Interstate Commerce Commission, Washington, DC, for Amicus Curiae The Surface Transportation Board.

Before ANDERSON, LOGAN, and MURPHY, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

The issue presented by this appeal1 is whether authorization from the Interstate Commerce Commission (ICC)2 to abandon a railroad line, see 49 U.S.C. § 10903, is a prerequisite to a court's determination that the railroad has abandoned the right of way for purposes of 43 U.S.C. § 912. In light of the reasonableness of the ICC's determination that its authorization...

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