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INTERNATIONAL MINERALS & CHEMICAL CORP. v. I. C. C.

Nos. 80-2096, 80-2097.

656 F.2d 251 (1981)

INTERNATIONAL MINERALS & CHEMICAL CORPORATION, United Transportation Union, Proko Industries, Inc., and Luellin Brothers, Inc., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents. Norfolk and Western Railway Company, Intervening-Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 3, 1981.

Rehearings Denied October 5, 1981.

Attorney(s) appearing for the Case

Thomas F. McFarland, Jr., Belnap, McCarthy, Spencer, Sweeny & Harkaway, Chicago, Ill., Gordon P. MacDougall, Washington, D.C., for petitioners.

Kathleen V. Gunning, Interstate Commerce Commission, Kenneth P. Kolson, Dept. of Justice, Antitrust Div., Washington, D.C., for respondents.

Angelica D. Lloyd, Roanoke, Va., for intervening-respondent.

Before CUMMINGS and WOOD, Circuit Judges, and JAMESON, Senior District Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

This case is another in the process accompanying the contraction of this country's rail service. Through a petition for review in these consolidated cases, local shippers and a labor union challenge the Interstate Commerce Commission's ("ICC's") decisions to approve the abandonment by Norfolk and Western Railway Company ("N&W") of two separate rail branches in Indiana. We grant the petitions for review, and remand to the ICC...

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