SIMMONS v. UNITED STATES

No. 82-1153.

698 F.2d 888 (1983)

Patrick W. SIMMONS and Jack O. Black, Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents. The Baltimore and Ohio Railway Company, Intervening Respondent.

United States Court of Appeals, Seventh Circuit.

Decided January 28, 1983.

Rehearing Denied March 10, 1983.


Attorney(s) appearing for the Case

Gordon P. MacDougall, Washington, D.C., for petitioners.

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

Peter J. Shudtz, Cleveland, Ohio, for intervening respondent.

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


PELL, Circuit Judge.

We are presented with a challenge to an order of the Interstate Commerce Commission (ICC) granting the application of the Baltimore & Ohio Railroad (B & O) to abandon a section of track between Flora, Illinois and Sangamon Junction, Illinois (Flora line). The decision of the ICC followed our remand in the case in a decision holding the Commission's earlier approval of the abandonment application arbitrary and capricious. Illinois v...

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