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BROTHERHOOD OF MAINTENANCE, ETC. v. I.C.C.

Nos. 80-2649, 82-1306.

698 F.2d 315 (1983)

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES, et al., Petitioners, Brotherhood of Locomotive Engineers, et al., Intervening Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents. GRAND TRUNK WESTERN RAILROAD CO. and Detroit, Toledo and Ironton Railroad Co., Petitioners, v. UNITED STATES of America and Interstate Commerce Comm., Respondents, CSX Corporation, et al., Intervening Respondents.

United States Court of Appeals, Seventh Circuit.

January 19, 1983.

Attorney(s) appearing for the Case

Basil Cole, Jr., Dechert, Price & Rhoads, Washington, D.C., Harold A. Ross, Ross & Kraushaar Co., L.P.A., Cleveland, Ohio, for petitioners.

Lawrence Richmond, I.C.C., Washington, D.C., Roland W. Donnem, Chessie System Railroads Law Dept., Cleveland, Ohio, for respondents.

Before ESCHBACH and COFFEY, Circuit Judges, and DUMBAULD, Senior District Judge.

DUMBAULD, Senior District Judge.

On September 23, 1980, the Interstate Commerce Commission (I.C.C.), for reasons set forth in an opinion of over 130 pages,1 approved under 49 U.S.C. § 11343 the acquisition of control by CSX Corporation (a new corporation created to carry out the instant merger) of a giant railroad system uniting the Chessie System, Inc. (controlling six rail carriers, including...

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