Legal Opinion

Marshall Durbin Food Corp. v. Interstate Commerce Commission

Court of Appeals for the Eleventh Circuit

Decided April 30, 1992No. 91-7612PublishedCited by 4 opinions

1Opinion of the Court

BIRCH, Circuit Judge:

This case pits the economic judgment of a private rail carrier against the interests of certain beneficiaries of that carrier’s rail service. In this appeal, we review a decision of the respondent, the Interstate Commerce Commission (“ICC” or “Commission”), respecting intervenor-respondent SouthRail Corporation’s (“SouthRail”) application to abandon the 75-mile rail line between Whistler Station, Alabama and Waynesboro, Mississippi. The petitioners and intervenor-petitioners, which include a food producer located in the affected region and the public ‘service commissions…

2Cases cited8 opinions

  1. Brock v. Pierce CountySupreme Court of the United States · 1986
  2. Colorado v. United StatesSupreme Court of the United States · 1926
  3. Nelda A. Parker v. Otis R. Bowen, Secretary of Health and Human Services, Autry R. Hand v. Otis R. Bowen, Secretary of Health and Human ServicesCourt of Appeals for the Eleventh Circuit · 1986
  4. Shippy v. EstelleSupreme Court of the United States · 1979
  5. Baltimore and Ohio Chicago Terminal Railroad Company v. United States of America and Interstate Commerce Commission, Central Vermont Railway, Inc., Duluth, Winnipeg and Pacific Railway, and the Detroit and Toledo Shore Line Railroad Company, Intervenors, Burlington Northern Inc. And Union Pacific Railroad Company, Intervenors, Duval Sales Corporation, International Minerals & Chemical Corporation, Evans Products Company and Pullman Leasing Company, Intervenors, the Texas Mexican Railway Company, Intervenor. Aliquippa and Southern Railroad Company v. United States of America and the Interstate Commerce Commission, Duval Sales Corporation, International Minerals & Chemical Corporation, Evans Products Company and Pullman Leasing Company, Intervenors, the Texas Mexican Railway Company, IntervenorCourt of Appeals for the Third Circuit · 1978

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3Cited by4 opinions

  1. Kinion v. United StatesCourt of Appeals for the Eighth Circuit · 1993
  2. Mr. Sprout, Inc. v. United StatesCourt of Appeals for the Second Circuit · 1993
  3. Kinion v. United StatesCourt of Appeals for the Eighth Circuit · 1993
  4. Marshall Durbin Food Corporation v. Interstate Commerce CommissionCourt of Appeals for the Eleventh Circuit · 1992

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