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MAGNER-O'HARA SCENIC RY. v. I.C.C.

No. 81-3386.

692 F.2d 441 (1982)

MAGNER-O'HARA SCENIC RAILWAY, A Michigan Co-Partnership Consisting of Joel G. Magner & Joseph M. O'Hara, Petitioners, v. INTERSTATE COMMERCE COMMISSION, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided November 10, 1982.

Rehearing Denied February 7, 1983.

Attorney(s) appearing for the Case

Joel G. Magner, Joseph M. O'Hara, Magner-O'Hara Scenic Ry., Traverse City, Mich., George F. Bearup, Menmuir, Zimmerman, Rollert & Kuhn, Traverse City, Mich., for petitioners.

Richard A. Allen, I.C.C., Charles A. Stark, John J. Powers III, Kenneth P. Kolson, Dept. of Justice, Washington, D.C., for respondent.

Before KEITH and MERRITT, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

MERRITT, Circuit Judge.

This appeal is before us on petition to review and set aside the decision of the Interstate Commerce Commission (the Commission) in Finance Docket No. 29161F, Magner-O'Hara Scenic Railway — Operation — In The State of Michigan, in which the Commission dismissed Magner-O'Hara Scenic Railway's application for a certificate of public convenience and necessity to operate a scenic passenger railway between

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