PEOPLE OF STATE OF ILL. v. I.C.C.

Nos. 81-2520, 81-2540.

698 F.2d 868 (1983)

PEOPLE OF the STATE OF ILLINOIS and Bi-Petro Refining Company, Inc., et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and UNITED STATES of America, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided January 24, 1983.

Rehearing Denied February 18, 1983.


Attorney(s) appearing for the Case

Gordon P. MacDougall, Washington, D.C., Robert F. Jarka, Pfeifer & Kelty, P.C., Springfield, Ill., James E. Weging, Asst. Atty. Gen., State of Ill., Chicago, Ill., for petitioners.

Daniel B. Harrell, I.C.C., Washington, D.C., Richard M. Kamowski, Ill. Central Gulf Railroad Co., Chicago, Ill., for respondents.

Before CUMMINGS, Chief Judge, PELL, Circuit Judge and GRANT, Senior District Judge.


GRANT, Senior District Judge.

This is an appeal from the decision of the Interstate Commerce Commission (hereinafter ICC) abandoning a rail line which extends for 76 miles between Assumption and Branch Junction, Illinois. Petitioners, the State of Illinois, the Illinois Commerce Commission, New Green Soil Service, Inc., Harbach, Nixon and Willson, Inc., Patrick Simmons, and Bi-Petro Refining Company, Inc., raise three issues on appeal:

1. Whether the ICC properly...

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