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PEOPLE OF STATE OF ILL. v. UNITED STATES

Nos. 78-1762, 78-2020 and 78-2043.

666 F.2d 1066 (1981)

PEOPLE of the STATE of ILLINOIS, Illinois Commerce Commission, John W. McGinnes and George B. Lee, Illinois Department of Transportation, and B & O Concerned Citizens Committee, Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents. The Baltimore and Ohio Railroad Company, Intervenor.

United States Court of Appeals, Seventh Circuit.

Decided January 20, 1981.

Attorney(s) appearing for the Case

Thomas F. McFarland, Jr., Chicago, Ill., James E. Weging, Asst. Atty. Gen. of Illinois, Chicago, Ill., for petitioners.

Sidney L. Strickland, Jr., I. C. C., Washington, D. C., for respondents.

Before FAIRCHILD, Chief Judge, and SWYGERT and SPRECHER, Circuit Judges.

SPRECHER, Circuit Judge.

In this case, we review the decision of the Interstate Commerce Commission ("ICC") to allow the Baltimore and Ohio Railroad ("B&O") to abandon a railroad line. We find that the ICC's decision was arbitrary and capricious. Further, we find that, under the circumstances of this case, the parties should have been allowed the opportunity for cross-examination regarding supplementary evidence received by the ICC.

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