State of Montana v. United States

By the Act of August 12, 1958 (72 Stat. 571, 49 U.S.C. § 13a(2)), Congress has provided that if an agency of a State ■denies the application of a carrier for au-thority to discontinue the operation of a train within the State, the carrier may petition the Interstate Commerce Commission for authority to discontinue the operation. The Act provides that the Interstate Commerce Commission may authorize the discontinuance of local train service if it finds (1) that the public convenience and necessity permits the discontinuance of the local service, and (2) that continuance of the local service…