ILLINOIS TERMINAL R. CO. v. I. C. C.

No. 81-1475.

671 F.2d 1214 (1982)

ILLINOIS TERMINAL RAILROAD COMPANY, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents. and Chicago and North Western Transportation Company, Intervenor/Respondent.

United States Court of Appeals, Eighth Circuit.

Decided March 11, 1982.


Attorney(s) appearing for the Case

William F. Baxter, Asst. Atty. Gen., John J. Powers, III, Margaret G. Halpern, Attys., Dept. of Justice, Richard A. Allen, Gen. Counsel, Ellen K. Schall, Deputy Associate Gen. Counsel, Laurence H. Schecker, Atty., I. C. C., Washington, D.C., for respondents.

Steven J. Anthony, Gen. Counsel, Illinois Terminal R. Co., St. Louis, Mo., Peter A. Greene, Peter R. Reilly, Thompson, Hine & Flory, Washington, D.C., for petitioner.

Louis T. Duerinck, Stuart F. Gassner, Robert T. Opal, Chicago, Ill., for intervenor, Chicago and North Western Transp. Co.

Before BRIGHT, Circuit Judge, GIBSON, Senior Circuit Judge, and LARSON, Senior District Judge.


FLOYD R. GIBSON, Senior Circuit Judge.

This matter is before the court on the petition of the Illinois Terminal Railroad Company (Illinois Terminal) for review of a decision of the Interstate Commerce Commission pursuant to 28 U.S.C. §§ 2321(a), 2344 (1976) and 28 U.S.C.A. § 2342(5) (West Supp.1981). The ICC decision which Illinois Terminal asks us to set aside had reversed a favorable decision of an administrative law judge (ALJ).

I. Facts...

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