WALSH v. UNITED STATES

No. 82-2351.

723 F.2d 570 (1983)

Raymond M. WALSH, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents. Rail Carrier Members of the Traffic Executive Association-Rail TEA-ER and Rail Carrier Members Executive Committee-Western Rail Traffic Assoc. EC-WRTA and Southern Freight Assoc., Intervening Respondents.

United States Court of Appeals, Seventh Circuit.

Decided December 13, 1983.

Rehearing Denied January 23, 1984.


Attorney(s) appearing for the Case

Richard S.M. Emrich, Belnap, Spencer & McFarland, Chicago, Ill., for petitioner.

Louis Mackall, I.C.C., Washington, D.C., for respondents.

Jeffrey S. Berlin, Verner, Liipfert, Bernhard & McPherson, Chtd., Washington, D.C., for intervening respondents.

Before POSNER, COFFEY and NICHOLS, Circuit Judges.


COFFEY, Circuit Judge.

Petitioner, Raymond Walsh, petitions this court to review a decision by the Interstate Commerce Commission to dismiss the petitioner's complaint, alleging a denial of protective arrangements under section 219(g) of the Staggers Rail Act of 1980, 49 U.S.C. § 10706 note (Supp. IV 1980), for lack of jurisdiction. Based upon our interpretation of Western Railroads-Agreement, 364 I.C.C. 782 (1981) and New York Dock Railway-Control...

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