ILLINOIS COMMERCE COMMISSION v. UNITED STATES

Civ. No. 69-150.

320 F.Supp. 205 (1970)

ILLINOIS COMMERCE COMMISSION, City of DuQuoin, John P. Stupp, M. S. Stuckey and Maurice F. Radrizzi, Plaintiffs, New Orleans Traffic and Transportation Bureau and Missouri Public Service Commission, Intervening Plaintiffs, v. UNITED STATES of America, Interstate Commerce Commission and Illinois Central Railroad Company, Defendants.

United States District Court, E. D. Illinois.

October 23, 1970.


Attorney(s) appearing for the Case

William J. Scott, Atty. Gen., State of Ill., Peter A. Fasseas, Special Asst. Atty. Gen., State of Ill., Keith E. Roberts, Wheaton, Ill., Jerry B. Smith, DuQuoin, Ill., Gordon P. MacDougall, Washington, D. C., John H. Haley, Jr., St. Louis, Mo., Edward W. Stubbs, Jr., East St. Louis, Ill., for plaintiff.

Louis A. Schwartz, New Orleans, La., for intervening plaintiff New Orleans Traffic and Transportation Bureau; Edward W. Stubbs, Jr., East St. Louis, of counsel.

Jeremiah D. Finnegan, Gen. Counsel, Missouri Public Service Comm., Jefferson City, Mo., for intervening plaintiff Missouri Public Service Comm.

Richard W. McLaren, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., Henry A. Schwarz, U. S. Atty., East St. Louis, Ill., for defendant United States.

Robert W. Ginnane, Gen. Counsel, Hanford O'Hara, Atty., Interstate Commerce Comm., Washington, D. C., for defendant Interstate Commerce Comm.

John W. Foster and John H. Doeringer, Chicago, Ill., Richard E. Boyle, of Roberts, Gundlach & Lee, Belleville, Ill., for defendant Illinois Central Railroad Co.

Before SWYGERT, Chief Circuit Judge, and JUERGENS and WISE, District Judges.


JUERGENS, District Judge.

Plaintiffs bring this action to set aside an order of the Interstate Commerce Commission, hereinafter referred to as Commission, terminating investigation into the proposed discontinuance by Illinois Central Railroad Company, hereinafter referred to as I. C., of its passenger trains Nos. 105 and 106, operating daily in each direction (105 being southbound and 106 being northbound) between St. Louis, Missouri and Carbondale, Illinois.

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