American Beef Packers, Inc. v. Interstate Commerce Commission and United States of America, Burlington Northern Railroad Company, Intervenor

Opinion PER CURIAM.

The instant motion requires this court to determine whether a litigant has selected the proper forum for review of an agency decision, given a statute which bifurcates judicial review between the district courts and the courts of appeals. It is settled in this circuit that an appeal of an Interstate Commerce Commission (ICC) order involving the payment of money must be taken initially to the district court. In its present posture, the attempted appeal seeks review of an ICC order denying monetary reparations and consequently should have been taken to the district court.…