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

No. 82-2410.

709 F.2d 1186 (1983)

PEOPLE OF the STATE OF ILLINOIS, et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Burlington Northern Railroad Company and Illinois Central Gulf Railroad Company, Intervening Respondents.

United States Court of Appeals, Seventh Circuit.

Decided June 14, 1983.

Attorney(s) appearing for the Case

James E. Weging, Asst. Atty. Gen., Chicago, Ill., Gordon P. MacDougall, Washington, D.C., for petitioners.

Craig M. Keats, I.C.C., Washington, D.C., Richard M. Kamowski, Ill. Cent. Gulf R. Co., Chicago, Ill., for respondents.

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

POSNER, Circuit Judge.

This petition to review orders of the Interstate Commerce Commission allowing the abandonment of two railroad lines presents the following question: does the Staggers Rail Act of 1980 allow the Commission to authorize a protested abandonment without an investigation, even though the protestants allege facts material to determining whether the abandonment is consistent with the statutory criterion of public convenience and necessity, 49 U.S.C...

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