Legal Opinion
Phillips Co. v. Denver & Rio Grande Western Railroad
Court of Appeals for the Tenth Circuit
Decided October 16, 1996No. 95-1412PublishedCited by 9 opinions
1Opinion of the Court
STEPHEN H. ANDERSON, Circuit Judge.
The issue presented by this appeal 1 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 under § 10903 is a prerequisite to § 912 abandonment, we affirm. 3
Plaintiff, a Colorado limited partnership owning land adjacent to a portion of defendants’ Aspen Branch railroad line, commenced…
2Cases cited7 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Chicago & North Western Transportation Co. v. Kalo Brick & Tile Co.Supreme Court of the United States · 1981
- National Railroad Passenger Corporation v. Boston & Maine Corp.Supreme Court of the United States · 1992
- Pennie A. Carl v. The City of Overland Park, Kansas Myron Scafe, Chief of Police and Lee Williams, OfficerCourt of Appeals for the Tenth Circuit · 1995
- Louie Edward Micheli v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Tenth Circuit · 1988
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Eldridge v. City of GreenwoodCourt of Appeals of South Carolina · 1998
- Washington Securities & Investment Corp. v. Horse Heaven Heights, Inc.Court of Appeals of Washington · 2006
- Moody v. Great Western Railway Co.Court of Appeals for the Tenth Circuit · 2008
- United States v. Wyoming And Colorado RailroadCourt of Appeals for the Tenth Circuit · 2012
- State v. Illinois Central RailroadLouisiana Court of Appeal · 2005
4 more not listed; retrieve them via the Exa API.