Legal Opinion

Farmland Industries, Inc. v. United States

Court of Appeals for the Seventh Circuit

Decided March 3, 1981No. Nos. 80-1308, 80-1435PublishedCited by 13 opinions

1Opinion of the Court

BAUER, Circuit Judge.

Petitioners Farmland Industries, Inc. (“Farmland”) and the State of Illinois seek judicial review of an Interstate Commerce Commission (“ICC”) statement of policy change entered December 26, 1979. We deny the petitions for review.

I

In February 1979, the ICC published notice of its intention to adopt a policy statement modifying the criteria used to decide railroad abandonment applications. Specifically, the Commission proposed to include opportunity costs1 as “one of the factors considered in balancing the public need for continuing service versus the burden on the…

2Cases cited5 opinions

  1. Mourning v. Family Publications Service, Inc.Supreme Court of the United States · 1973
  2. Colorado v. United StatesSupreme Court of the United States · 1926
  3. American Trucking Associations, Inc. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1967
  4. Guardian Federal Savings and Loan Association v. Federal Savings and Loan Insurance CorporationCourt of Appeals for the D.C. Circuit · 1978
  5. Assure Competitive Transportation, Inc. v. United StatesCourt of Appeals for the Seventh Circuit · 1980

3Cited by13 opinions

  1. Simmons v. United StatesCourt of Appeals for the Seventh Circuit · 1983
  2. People of the State of Illinois and Bi-Petro Refining Company, Inc. v. Interstate Commerce Commission and United States of AmericaCourt of Appeals for the Seventh Circuit · 1983
  3. Burroughs Wellcome Co. v. SchweikerCourt of Appeals for the Fourth Circuit · 1981
  4. Bloomer Shippers Ass'n v. Interstate Commerce CommissionCourt of Appeals for the Seventh Circuit · 1982
  5. Farmland Industries, Inc., Agrico Chemical Company, Allied Chemical Corporation, Amoco Oil Company, Borden, Inc. (Smith-Douglass, Division of Borden Chemical), Cf Industries, Inc., International Minerals & Chemical Corporation, Royster Company, Terra Chemicals International, Inc., and Texasgulf, Inc. v. United States of America and Interstate Commerce Commission, People of the State of Illinois, Illinois Commerce Commission and Patrick W. Simmons v. Interstate Commerce Commission and United States of AmericaCourt of Appeals for the Seventh Circuit · 1981

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