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PEOPLE OF STATE OF ILL. v. UNITED STATES

No. 77-1333.

604 F.2d 519 (1979)

PEOPLE OF the STATE OF ILLINOIS et al., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided August 16, 1979.

Rehearing Denied September 21, 1979.

Attorney(s) appearing for the Case

Gordon P. MacDougall, Washington, D.C., James Weging, Asst. Atty. Gen., Commerce Commission Division, Chicago, Ill., for petitioners.

Kenneth P. Kolson, I. C. C., Washington, D.C., for respondents.

Samuel W. Witwer, Jr., Chicago, Ill., for intervenor.

Before CUMMINGS, Circuit Judge, MOORE, Senior Circuit Judge, and TONE, Circuit Judge.

CUMMINGS, Circuit Judge.

This petition for review was filed by the State of Illinois, the Illinois Commerce Commission and the United Transportation Union and asks us to set aside and remand the report and order of Division 3 of the Interstate Commerce Commission in Prairie Trunk Railway — Acquisition and Operation, 348 I.C.C. 832 (1977). The Brotherhood of Locomotive Engineers intervened on behalf of petitioners and the Baltimore & Ohio Railroad...

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