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ILLINOIS COMMERCE COMMISSION v. UNITED STATES

No. 70 C 143.

347 F.Supp. 1217 (1971)

ILLINOIS COMMERCE COMMISSION and M. F. Radrizzi, Plaintiffs, City of Chicago and Minnesota Public Service Commission, Intervening Plaintiffs, v. UNITED STATES of America et al., Defendants.

United States District Court, N. D. Illinois, E. D.

October 5, 1971.

Attorney(s) appearing for the Case

Peter A. Fasseas, William J. Scott, Atty. Gen., Chicago, Ill., for plaintiffs.

Gordon P. MacDougall, Washington, D. C., Michael L. Schwab, St. Paul, Minn., for Minnesota Public Service Comm.

William J. Bauer, U. S. Atty., for the United States.

James P. Reedy, Joseph J. Nagle, Chicago, Ill., for Chicago Milw. & St. Paul R.R.

Richard L. Curry, Corp. Counsel, Mark Goldstein, Asst. Corp. Counsel, Chicago, Ill., for City of Chicago.

Before KILEY, Circuit Judge, and LYNCH and NAPOLI, District Judges.

MEMORANDUM OPINION AND ORDER

NAPOLI, District Judge.

This is an action to set aside the findings of the Interstate Commerce Commission that operation by the Chicago, Milwaukee, St. Paul and Pacific Railroad Company [the Milwaukee] of passenger service on its trains Nos. 2 and 3 [the Afternoon Hiawathas] between Chicago, Illinois and Minneapolis, Minnesota is not required by the public convenience and necessity, and that continued operation of these trains...

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