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PEOPLE OF STATE OF ILL. v. UNITED STATES

Nos. 78-1710, 80-1908.

668 F.2d 923 (1981)

PEOPLE OF the STATE OF ILLINOIS, Illinois Commerce Commission, Pulaski County, Alexander County, Perks Grain Company, C. L. Casper, and John W. McGinness, Petitioners, Cairo Chamber of Commerce, the Southern Illinois Transportation Association, and the City of Cairo, Intervenors, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Missouri Pacific Railroad Company, Intervenor-Respondent.

United States Court of Appeals, Seventh Circuit.

Decided October 5, 1981.

Certiorari Denied March 8, 1982.

Attorney(s) appearing for the Case

Gordon P. MacDougall, Washington, D. C., Edward Charles Spatz, Anitea Foam Corp., Bremen, Ind., for petitioner.

Sidney L. Strickland, Jr., I.C.C., Washington, D. C., James H. Durkin, Mo. Pacific Railroad Co., Chicago, Ill., for respondents.

Before SPRECHER and CUDAHY, Circuit Judges, and EAST, Senior District Judge.

Certiorari Denied March 8, 1982. See 102 S.Ct. 1631.

CUDAHY, Circuit Judge.

Petitioners1 seek review of an I.C.C. Decision permitting the Missouri Pacific Railroad ("MoPac") to abandon 25.7 miles of railroad in southern Illinois. The Administrative Law Judge ("ALJ") initially denied the abandonment application.2 A panel of the I.C.C. disagreed and issued a Report and Order approving the abandonment...

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