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SIMMONS v. I.C.C.

Nos. 83-2791, 84-1795.

775 F.2d 854 (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.

United States Court of Appeals, Seventh Circuit.

October 22, 1985.

Attorney(s) appearing for the Case

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

Cecelia E. Higgins, Gen. Counsel, I.C.C., Washington, D.C., for respondents.

John H. Doeringer, ICG, Co., Chicago, Ill., for intervening-respondents.

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

HARLINGTON WOOD, Jr., Circuit Judge.

We consider two consolidated petitions, one by Patrick Simmons, the other by the State of Illinois, 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, but never consummated sale of major segments of this tract to another railroad, Freeport & El...

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