Legal Opinion
City of Wausau, Wisconsin v. United States of America and Interstate Commerce Commission
Court of Appeals for the Seventh Circuit
Decided April 1, 1983No. 82-1559PublishedCited by 11 opinions
1Opinion of the Court
HARLINGTON WOOD, Jr., Circuit Judge.
The issue is whether the denial by the Interstate Commerce Commission (“ICC” or “Commission”) of a petition to reopen a railroad abandonment proceeding was an abuse of discretion, because it was either arbitrary or capricious.
I
On August 14, 1980, the Chicago and North Western Transportation Company (“railroad”) notified the ICC of its intent to file, pursuant to 49 U.S.C. § 10904, “an application for a certificate of public convenience and necessity permitting the abandonment of a line of railroad extending from milepost 142.5 near Wisconsin Rapids,…
2Cases cited9 opinions
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
- Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
- Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
- Federal Communications Commission v. Pottsville Broadcasting Co.Supreme Court of the United States · 1940
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Guy Spezzaferro v. Federal Aviation AdministrationCourt of Appeals for the Federal Circuit · 1986
- Cities of Campbell and Thayer, Missouri v. Federal Energy Regulatory Commission, Arkansas Power & Light Company, IntervenorCourt of Appeals for the D.C. Circuit · 1985
- Kessler v. Surface Transportation BoardCourt of Appeals for the D.C. Circuit · 2011
- Illinois v. Interstate Commerce CommissionCourt of Appeals for the Seventh Circuit · 1983
- Montezuma Grain Co., Llp, and Redevelopment Commission of Parke County, Indiana v. Surface Transportation Board and United States of America, and Csx Transportation, Inc., InterveningCourt of Appeals for the Seventh Circuit · 2003
6 more not listed; retrieve them via the Exa API.