Legal Opinion
J. Morton Asbury v. United States
District Court, W.D. Virginia
Decided March 28, 1969No. Civ. A. No. 68-C-31-APublishedCited by 4 opinions
1Opinion of the Court
MERHIGE, District Judge.
In January of 1965, the C. & 0. Railroad Company made application to the I.C.C. for a certificate of public convenience and necessity permitting the abandonment of its branch line between Jenkins, Kentucky and Meade, Virginia, which it had operated since 1949.
The line served a rugged and mountainous area containing a population of approximately 5,500 people. The economic life of the area is based almost entirely on the production of coal. The branch line starts at an elevation of over 1,500 feet, climbs the slope of Pine Mountain and traverses the mountain by means of…
2Cases cited11 opinions
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- Consolo v. Federal Maritime CommissionSupreme Court of the United States · 1966
- United States v. Pierce Auto Freight Lines, Inc.Supreme Court of the United States · 1946
- Interstate Commerce Commission v. Union Pacific RailroadSupreme Court of the United States · 1912
- Colorado v. United StatesSupreme Court of the United States · 1926
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3Cited by4 opinions
- City of New York v. United StatesDistrict Court, E.D. New York · 1972
- Commonwealth of Pennsylvania v. United StatesDistrict Court, M.D. Pennsylvania · 1973
- Lemmon Transport Company v. United StatesDistrict Court, W.D. Virginia · 1975
- J. M. Asbury T/A Asbury Coal Co. v. Chesapeake & Ohio Railway Co.District Court, District of Columbia · 1970