Association for Branch Line Equality Board of Commissioners of Daniels County Mt Board of Commissioners of Valley County Mt Montana Department of Commerce Montana Public Service Commission Montana Joint Rail Labor Legislative Council v. Interstate Commerce Commission United States of America Burlington Northern Railroad Company, Respondent-Intervenor

972 F.2d 1336 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. ASSOCIATION FOR BRANCH LINE EQUALITY; Board of Commissioners of Daniels County Mt; Board of Commissioners of Valley County Mt; Montana Department of Commerce; Montana Public Service Commission; Montana Joint Rail Labor Legislative Council, Petitioners, v. INTERSTATE COMMERCE COMMISSION; United States of America; Respondents, Burlington Northern Railroad Company, Respondent-Intervenor. No. 91-70173. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 3, 1992. Decided July 16, 1992. Before FARRIS, NORRIS and KOZINSKI, Circuit Judges. MEMORANDUM * Petitioners challenge a decision by the Interstate Commerce Commission allowing Burlington Northern Railroad to abandon 48.4 miles of track between Scobey and Opheim, Montana. Discussion The Commission grants an application for railroad abandonment if it determines that present or future public convenience and necessity support it. 49 U.S.C. §…