Legal Opinion
City of Cherokee v. Interstate Commerce Commission
Court of Appeals for the Eighth Circuit
Decided February 12, 1981No. 80-1185PublishedCited by 5 opinions
1Opinion of the Court
HEANEY, Circuit Judge.
On February 2, 1980, the Interstate Commerce Commission (Commission) rejected the recommendation of its Administrative Law Judge and authorized the Illinois Central Gulf Railroad Company (ICG) to abandon over 96 miles of track between Cherokee, Iowa, and Sioux Falls, South Dakota— the Sioux Falls District line. After a thorough review of the record, we find that the Commission failed to evaluate ICG’s application for abandonment pursuant to the proper statutory standards. Specifically, we hold that the Commission erred by failing to properly balance the competing…
2Cases cited8 opinions
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Volkswagenwerk Aktiengesellschaft v. Federal Maritime CommissionSupreme Court of the United States · 1968
- Colorado v. United StatesSupreme Court of the United States · 1926
- Environmental Defense Fund, Inc. v. RuckelshausCourt of Appeals for the D.C. Circuit · 1971
- Missouri Pacific Railroad Company v. The United States of America and Interstate Commerce Commission, Elcor Corporation, Intervenor-RespondentCourt of Appeals for the Eighth Circuit · 1980
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3Cited by5 opinions
- City Of Cherokee v. Interstate Commerce CommissionCourt of Appeals for the Eighth Circuit · 1981
- Jack O. Black, W.C. Gandert and J.J. Hults v. Interstate Commerce Commission and United States of America, Wabash Railroad Company and Norfolk and Western Railway Company, Intervening Party Lagrange County, Indiana v. Interstate Commerce Commission and United States of America, Wabash Railroad Company and Norfolk and Western Railway Company, Intervening PartyCourt of Appeals for the Seventh Circuit · 1984
- Black v. Interstate Commerce CommissionCourt of Appeals for the Seventh Circuit · 1984
- Alldredge Grain & Storage Co. v. Interstate Commerce CommissionCourt of Appeals for the Eighth Circuit · 1983
- Alldredge Grain & Storage Company v. Interstate Commerce CommissionCourt of Appeals for the Eighth Circuit · 1983