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ILLINOIS COMMERCE COMMISSION v. UNITED STATES

Civ. No. 4815.

346 F.Supp. 910 (1972)

ILLINOIS COMMERCE COMMISSION et al., Plaintiffs, v. UNITED STATES of America et al., Defendants.

United States District Court, S. D. Illinois, S. D.

May 15, 1972.

Attorney(s) appearing for the Case

William J. Scott, Atty. Gen., Peter A. Fasseas, Sp. Asst. Atty. Gen., Thomas Cassidy, Asst. Atty. Gen., Illinois Commerce Commission, Chicago, Ill., William E. Nelson, Hoopeston, Ill., Milo J. Fleming, Watseka, Ill., Keith E. Roberts, Chicago, Ill., Wendell W. Wright, Marion E. Wright, William A. Young, Danville, Ill., Gordon P. MacDougall, Washington, D. C., for plaintiffs.

Leibman, Williams, Bennett, Baird & Minow, Chicago, Ill., Brown, Hay & Stephens, Springfield, Ill., for National Railroad Passenger Corp.

Walker B. Comegys, Acting Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., Donald B. Mackay, U. S. Atty., Springfield, Ill., for United States of America.

Fritz R. Kahn, General Counsel, Hanford O'Hara, Atty., Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

Jenner & Block, Chicago, Ill., Giffin, Winning, Lindner, Newkirk & Cohen, James M. Winning, Springfield, Ill., for Louisville & Nashville Railroad Co.

Before SWYGERT, Chief Circuit Judge, POOS, Chief District Judge, and MORGAN, District Judge.

OPINION AND ORDER

POOS, Chief District Judge.

This is an action to annul and set aside a report and order of the Interstate Commerce Commission which held that Trains Number 3 and 4 of the Louisville and Nashville Railroad ("Danville Flyer") were "intercity service" as defined in Section 102(5) of the Rail Passenger Service Act ("Amtrak Statute") 45 U.S.C., Sec. 502(5). The effect of this holding was that the termination of service on Trains 3 and 4 between...

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