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CISCO CO-OP. GRAIN CO. v. I.C.C.

Nos. 82-2288, 82-2289.

717 F.2d 401 (1983)

CISCO COOPERATIVE GRAIN COMPANY and Prairie Central Railway Company, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents. Illinois Central Gulf Railroad Co. and Patrick W. Simmons, etc., Intervening Respondents.

United States Court of Appeals, Seventh Circuit.

Decided September 15, 1983.

Attorney(s) appearing for the Case

Thomas F. McFarland, Jr., Belnap, Spencer & McFarland, Chicago, Ill., for petitioners.

Sidney L. Strickland, Jr., I.C.C., Washington, D.C., for respondent.

Richard M. Kamowski, Ill. Central Gulf R.R. Chicago, Ill., for intervening-respondents.

Before CUMMINGS, Chief Judge, BAUER, Circuit Judge, and FAIRCHILD, Senior Circuit Judge.

CUMMINGS, Chief Judge.

These consolidated petitions for review seek to set aside decisions of the Interstate Commerce Commission ("ICC") addressing the interaction of the feeder railroad development program, 49 U.S.C. § 10910, created by the Staggers Rail Act of 1980, and the abandonment program contained in 49 U.S.C. §§ 10903-10905. Petitioner Cisco Cooperative Grain Company ("Cisco") sought to acquire under the feeder railroad development program...

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