Burke County v. United States

SIMPSON, District Judge.

This suit is brought pursuant to Title 49 U.S.C.A. § 17(9), and Title 28 U.S.C. § 2321 et seq. to set aside that portion of an order of the Interstate Commerce Commission which permitted the Savannah & Atlanta Railroad Company (hereinafter referred to as the S. & A.) to abandon its line of railroad between Sylvania, Georgia and Waynesboro, Georgia.

On September 2, 1959, the S. & A. filed an application with the I.C.C. seeking permission under Section 1(18) of Title 49 U.S.C.A. to abandon its line of railroad between Sylvania and Waynesboro. In that same application,…