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STATE OF MICH. DEPT. OF TRANSP. v. I.C.C.

No. 81-3354.

698 F.2d 277 (1983)

STATE OF MICHIGAN DEPARTMENT OF TRANSPORTATION, Petitioner, and United Transportation Union, et al., Intervening Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, and Chesapeake & Ohio Railway Co., Intervening Respondent.

United States Court of Appeals, Sixth Circuit.

Decided January 21, 1983.

Attorney(s) appearing for the Case

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, Mich., James J. Stropkai, Fritz R. Kahn (argued), Ellen A. Efros, John R. Long, Verner, Liipfert, Bernhard & McPherson, Washington, D.C., for petitioner.

Richard A. Allen, Cecelia Higgins (argued), I.C.C., William French Smith, Atty. Gen. of U.S., John J. Powers, III, Kenneth P. Kolson, Dept. of Justice, Washington, D.C., for respondents.

James F. Schouman (argued), Shouman & Tindall, Dearborn, Mich., Alan M. Charlton, for United Transp. Union, Nat. Maritime Union, City of Ludington, Mich. and City of Manitowoc, Wis.

Albert W. Laisy, Cleveland, Ohio (argued), James O'Connell, Cincinnati, Ohio, for Chesapeake and Ohio R. Co.

Before KENNEDY and WELLFORD, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

PHILLIPS, Senior Circuit Judge.

This case is before the court on a petition to review a decision of the Interstate Commerce Commission finding that the public convenience and necessity permit abandonment of a railroad car ferry route across Lake Michigan, operated by the Chesapeake & Ohio Railway Co. (C & O). The decision of the Commission is Docket No. AB-18 (Sub. No. 36)F, dated September 9, 1981.

Reference is made to the decisions of the Commission...

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