Legal Opinion
Futurex Industries, Inc. And James E. Redden v. Interstate Commerce Commission and United States of America, and Csx Transportation, Inc., Intervening
Court of Appeals for the Seventh Circuit
Decided April 18, 1990No. 88-3113 & 89-2565PublishedCited by 2 opinions
1Opinion of the Court
CUDAHY, Circuit Judge.
Railroad carriers seeking to abandon rail segments customarily must apply to the Interstate Commerce Commission (the “ICC” or the “Commission”) for a certificate of abandonment or discontinuance. The ICC then balances a number of factors to determine whether “the present or future public convenience and necessity” will be served by an abandonment or discontinuance of service. 49 U.S.C. § 10903(a) (West Supp.1989). A carrier may circumvent this process, however, if it seeks to abandon an “out-of-service” segment; such abandonments are exempt from the provisions of 49…
2Cases cited14 opinions
- Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
- Kleppe v. Sierra ClubSupreme Court of the United States · 1976
- Colorado v. United StatesSupreme Court of the United States · 1926
- Taxpayers Watchdog, Inc. v. Ralph L. Stanley, Administrator, Urban Mass Transportation AdministrationCourt of Appeals for the D.C. Circuit · 1987
- Coalition on Sensible Transportation, Inc. v. Elizabeth DoleCourt of Appeals for the D.C. Circuit · 1987
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3Cited by2 opinions
- Caddo Antoine and Little Missouri Railroad Company Gs Roofing Products Company, Inc. Beazer West, Doing Business as Gifford-Hill & Company, Inc. Bean Lumber Company Curt Bean Lumber Company Barksdale Lumber Company, Inc. v. United States of America Surface Transportation Board, Arkansas Midland Railroad Company, Incorporated, Intervenor. Glenwood and Southern Railroad Company, Amicus Curiae. Caddo Antoine and Little Missouri Railroad Company Dardanelle & Russellville Railroad Company Gs Roofing Products Company, Inc., Beazer West Doing Business as Gifford-Hill & Company, Inc. Bean Lumber Company Curt Bean Lumber Company Barksdale Lumber Company, Inc. v. United States of America Surface Transportation Board, Glenwood and Southern Railroad Company, Amicus CuriaeCourt of Appeals for the Eighth Circuit · 1996
- Caddo Antoine & Little Missouri Railroad v. United StatesCourt of Appeals for the Eighth Circuit · 1996