Union Pacific Railroad v. Public Service Commission

Union Pacific Railroad Company has appealed from a judgment of the district court affirming an order of the Public Service Commission, which rejected the appellant’s petition seeking to close its agency station in Burns.1 Appellant contends that the order of the commission was contrary to law, constituted an abuse of discretion, and was arbitrary and capricious.

From the briefs and oral argument, it appears that there is substantial agreement between the railroad, the town of Burns, and the commission, that a primary criterion to be applied in determining whether or not an agency station…