State of Idaho v. Oregon Short Line R. Co.

MEMORANDUM DECISION

CALLISTER, Chief Judge.

In its order dated April 5, 1985, the Court, based on the oral agreement of all the parties, determined that the factual issue of abandonment would be submitted to the Court on the statements of fact, affidavits, or other supporting documentation— this in lieu of a trial or evidentiary hearing on that issue.

This is a suit for declaratory relief under 28 U.S.C. § 2201 brought by the State of Idaho, Idaho Transportation Department, and Idaho Transportation Board against two railroad companies, Oregon Shortline Railroad Company and Union Pacific Railroad…