Legal Opinion · Dissent

Southern Pacific Transportation Company v. Interstate Commerce Commission United States of America, County of El Dorado, Respondent-Intervenor

Court of Appeals for the Ninth Circuit

Decided March 29, 1989No. 88-7009Published

1DissentBeezer, Circuit Judge

Southern Pacific Transportation Co. (“SPT”) petitions this court for reversal of an Interstate Commerce Commission (“ICC”) order denying SPT’s application to abandon a branch railroad line. I would reverse and remand, on the grounds that the ICC’s decision failed to establish a rational link between facts found and decision made on two issues: Opportunity costs, and prospects for growth in traffic.

I

From Folsom Junction, California, near Sacramento, a branch railroad line winds some thirty-eight miles into the foothills of Sierra Nevada mountains to the small town of Placerville. A century…

2Cases cited10 opinions

  1. Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
  2. Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
  3. Federal Communications Commission v. National Citizens Committee for BroadcastingSupreme Court of the United States · 1978
  4. Colorado v. United StatesSupreme Court of the United States · 1926
  5. Hayfield Northern Railroad v. Chicago & North Western Transportation Co.Supreme Court of the United States · 1984

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