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ASBURY v. UNITED STATES

Civ. A. No. 68-C-31-A.

298 F.Supp. 589 (1969)

J. Morton ASBURY et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and The Chesapeake and Ohio Railway Company, Defendant-Intervenor.

United States District Court W. D. Virginia, Abingdon Division.

March 28, 1969.

Attorney(s) appearing for the Case

Landis, Cohen & Singman, Julian H. Singman, Orlin L. Livdahl, Jr., Washington, D. C., Kenneth P. Asbury, Wise, Va., for plaintiffs.

Edwin M. Zimmerman, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., Thomas B. Mason, U. S. Atty., Roanoke, Va., for United States.

Robert W. Ginnane, Gen. Counsel, John E. Faulk, Atty., Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

G. R. C. Stuart, Penn, Stuart & Miller, Abingdon, Va., William R. Althans, Doyle S. Morris, Garth E. Griffith, Cleveland, Ohio, for defendant-intervenor.

Before BUTZNER, Circuit Judge, DALTON, Chief District Judge, and MERHIGE, District Judge.

MERHIGE, District Judge.

In January of 1965, the C. & O. 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...

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