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GIBBONS v. UNITED STATES

Nos. 80-1786, 80-1858.

660 F.2d 225 (1981)

William M. GIBBONS, as Trustee of the Chicago, Rock Island and Pacific Railroad Company, Debtor, Continental Illinois National Bank and Trust Company of Chicago, as Indenture Trustee, The First National Bank of Chicago, as Indenture Trustee, and Henry Crown, et al., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents. St. Louis-San Francisco Railway Company and The Regional Transportation Authority, Intervening-Respondents. ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided August 26, 1981.

As Amended November 9, 1981.

Attorney(s) appearing for the Case

Charles G. Cole, Steptoe & Johnson, Washington, D. C., Daniel R. Murray, Jenner & Block, Chicago, Ill., for petitioners.

John J. McCarthy, Jr., I.C.C., Washington, D. C., Jeremiah Marsh, Chicago, Ill., for respondents.

Before BAUER and WOOD, Circuit Judges, and GRANT, Senior District Judge.

BAUER, Circuit Judge.

We consider two issues in these consolidated appeals: first, the power of the Interstate Commerce Commission to set compensation for the temporary, "permissive" use of lines of the Chicago, Rock Island and Pacific Railroad Company ("Rock Island"); second, the propriety of the compensation granted to the Rock Island in three service orders. We affirm the orders of the Interstate Commerce Commission.

I

The Interstate Commerce...

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