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ILLINOIS COMMERCE COM'N v. I.C.C.

No. 84-1034.

776 F.2d 355 (1985)

ILLINOIS COMMERCE COMMISSION and Patrick W. Simmons, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, International Minerals and Chemical Corporation, Association of American Railroads, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 12, 1985.

Attorney(s) appearing for the Case

Thomas F. McFarland, Jr., Chicago, Ill., for petitioners and for intervenor Internl. Minerals & Chemical Corp. James E. Weging and Gordon P. MacDougall, Washington, D.C., were on brief for petitioners.

Edward J. O'Meara, Atty., I.C.C., Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., John Broadley, Gen. Counsel, I.C.C., Henri F. Rush, Associate Gen. Counsel, I.C.C., John J. Powers, III, and John P. Fonte, Attys., Dept. of Justice, Washington, D.C., were on brief, for respondents.

James I. Collier, Jr., Washington, D.C., with whom Kenneth P. Kolson, Washington, D.C., was on brief, for intervenor Ass'n of American Railroads.

Before WRIGHT, TAMM and SCALIA, Circuit Judges.

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge.

This is a challenge to Interstate Commerce Commission regulations specifying how the agency will calculate the costs, revenues and return on value associated with the provision of rail service, for purposes of determining whether requested abandonment of that service is in the public interest and whether the amount of subsidy offered by persons seeking to prevent abandonment is adequate...

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