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INTERSTATE COM. COM'N v. CHICAGO & N. W. TRANSP. CO.

Civ. No. 75-138-2.

407 F.Supp. 827 (1975)

INTERSTATE COMMERCE COMMISSION, Plaintiff, v. CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY and Larry S. Provo, Defendants.

United States District Court, S. D. Iowa, C. D.

September 10, 1975.

Attorney(s) appearing for the Case

Allen L. Donielson, U. S. Atty., and James R. Rosenbaum, Asst. U. S. Atty., Des Moines, Iowa, John J. Mahoney, Jr. (Trial Atty.), Bureau of Enforcement, ICC, Washington, D. C., for plaintiff.

Frank W. Davis, Jr., and Charles H. Dick, Jr., Des Moines, Iowa, Louis T. Duerinck and Stuart F. Gassner, C&NW Transp. Co., Chicago, Ill., for defendants.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR JUDGMENT

HANSON, Chief Judge.

This action was brought by the Interstate Commerce Commission to enjoin an alleged wrongful abandonment of a 30-mile branch line of railroad in central Iowa owned by the Chicago and North Western Transportation Company (North Western). Plaintiff instituted this action pursuant to 49 U.S.C. § 1(20) on May 29, 1975, seeking preliminary and permanent injunctive relief against...

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