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SIMMONS v. I.C.C.

Nos. 83-2791, 84-1795 and 84-1815.

784 F.2d 242 (1985)

Patrick W. SIMMONS, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents. Illinois Central Gulf Railroad Co., Freeport & El Paso Railroad Co., People of the State of Illinois and Illinois Commerce Commission, Intervening-Respondents. PEOPLE OF the STATE OF ILLINOIS, et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents. Illinois Central Gulf Railroad Co., Intervening-Respondent. FREEPORT AND EL PASO RAILROAD COMPANY, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided October 22, 1985.

Amended February 7, 1986.

Attorney(s) appearing for the Case

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

Cecelia E. Higgins, Gen. Counsel I.C.C., Washington, D.C., John H. Doeringer, I.C.G., Co., Chicago, Ill., for respondents.

Before WOOD and ESCHBACH, Circuit Judges, and CAMPBELL, Senior District Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

We consider three consolidated petitions,1 one by Patrick Simmons, one by the State of Illinois, and the third by Freeport and El Paso Railroad Company ("F & EP") to set aside and remand two Interstate Commerce Commission ("Commission") decisions concerning a proposed abandonment in central Illinois by the Illinois Central Gulf Railroad Company ("ICG") of 148.89 miles of track and the proposed,...

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