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LAMOILLE VALLEY R. CO. v. I.C.C.

Nos. 82-1498, 82-1523, 82-1578 and 82-1668.

711 F.2d 295 (1983)

LAMOILLE VALLEY RAILROAD COMPANY, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Guilford Transportation Industries, Inc., Robert W. Meserve and Benjamin H. Lacy, Trustees of the Property of Boston and Maine Corporation, Debtor, Eastern Magnesia Talc Company, State of Vermont, Intervenors. PROVIDENCE AND WORCESTER RAILROAD COMPANY, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Guilford Transportation Industries, Inc., Robert W. Meserve and Benjamin H. Lacy, Trustees of the Property of Boston and Maine Corporation, Debtor, State of Vermont, Intervenors. STATE OF VERMONT, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Guilford Transportation Industries, Inc., Robert W. Meserve, et al., Intervenors. CANADIAN NATIONAL RAILWAY COMPANY, Central Vermont Railway, Inc., Grand Trunk Western Railroad Company and Detroit, Toledo and Ironton Railroad Company, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Robert W. Meserve and Benjamin H. Lacy, Trustees of the Property of Boston and Maine Corporation, Debtor, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 28, 1983.

Attorney(s) appearing for the Case

Robert R. Gensburg, St. Johnsbury, Vt., for Lamoille Valley R. Co., petitioner in No. 82-1498.

Robert P. vom Eigen, Washington, D.C., with whom Charles A. Spitulnik, Washington, D.C., was on the brief, for Canadian National R. Co., et al., petitioners in No. 82-1668.

Joseph L. Manson, III, Washington, D.C., with whom John L. Richardson and Thomas E. Acey, Jr., Washington, D.C., were on the brief, for Providence and Worcester R. Co., petitioner in No. 82-1523. Debra L. Willen, Washington, D.C., also entered an appearance for petitioner.

Robert L. Calhoun, Boston, Mass., was on the brief for the State of Vt., petitioner in No. 82-1578 and intervenor in No. 82-1498 and 82-1523. Paulette S. Kessler, David M. Schwartz, Boston, Mass., and Robert C. Schwartz, Montpelier, Vt., also entered appearances for petitioner and intervenor.

Edward J. O'Meara, Atty., I.C.C., Washington, D.C., with whom John Broadley, Gen. Counsel, and Henri F. Rush, Associate Gen. Counsel, I.C.C., and John J. Powers, III and Kenneth P. Kolson, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents. John J. McCarthy, Jr., Atty., I.C.C., Washington, D.C., also entered an appearance for respondents.

James E. Howard, Pittsburgh, Pa., with whom Kathleen D. Hendrickson and Robert M. Owsiany, Pittsburgh, Pa., were on the brief, for intervenor, Guilford Transp. Industries, Inc.

Hugh P. Morrison, Jr., and Rand McQuinn, Washington, D.C., were on the brief, for intervenor, Eastern Magnesia Talc Co. Donald J. Mulvihill and William J. Sweeney, Washington, D.C., also entered appearances for intervenor.

Charles W. Mulcahy, Jr., Boston, Mass., was on the brief, for intervenor, Trustees of the Property of Boston and Maine Corp., debtor.

Before WILKEY and WALD, Circuit Judges, and BONSAL, Senior District Judge for the Southern District of New York.

                    TABLE OF CONTENTS

                                                       Page

  I. STATUTORY AND FACTUAL BACKGROUND --------------    300

     A. The Statutory Scheme -----------------------    300

        1. Specific Provisions Governing Railroad
           Mergers ---------------------------------    300

        2. Congressional Policy on Railroad
           Mergers ---------------------------------    301

     B. ICC Railroad...

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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