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ATCHISON, T. & S. F. RY. CO. v. UNITED STATES

Nos. 79-2461, 79-2478.

617 F.2d 485 (1980)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY et al., and Railway Labor Executives' Association, Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, The State of New Mexico, etc., Intervening Respondent, Southern Pacific Transportation Company and St. Louis Southwestern Railway Company, Intervening Respondents.

United States Court of Appeals, Seventh Circuit.

Decided March 20, 1980.

Attorney(s) appearing for the Case

John E. Haley, Sidley & Austin, John O'Brien Clarke, Jr., Washington, D. C., for petitioners.

Richard A. Allen, I. C. C., Washington, D. C., for respondents.

John R. Labovitz, Steptoe & Johnson, Washington, D. C., for intervenor-respondent.

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

SWYGERT, Circuit Judge.

The issue in these consolidated petitions for review is whether the Interstate Commerce Commission ("the Commission") properly exercised its emergency powers under section 11123 of the Interstate Commerce Act ("the Act"), 49 U.S.C. § 11123, when it authorized the St. Louis Southwestern Railway Company (SSW) to operate temporarily over 965 miles of track owned by the Chicago, Rock Island & Pacific Railroad Company (Rock Island) which...

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