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SIMMONS v. I.C.C.

No. 84-1352.

766 F.2d 1177 (1985)

Patrick W. SIMMONS, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Illinois Central Gulf Railroad Company and Cisco Cooperative Grain Company, Intervening Respondents.

United States Court of Appeals, Seventh Circuit.

Decided July 15, 1985.

Attorney(s) appearing for the Case

Gordon P. MacDougall, Washington, D.C., for petitioner.

Sidney L. Strickland, Jr., I.C.C., Washington, D.C., for respondents.

Richard M. Kamoski, Chicago, Ill., for Ill. Cent. Gulf R. Co.

Before ESCHBACH and FLAUM, Circuit Judges, and DOYLE, Senior District Judge.

ESCHBACH, Circuit Judge.

The primary question presented by this petition for review of an order of the Interstate Commerce Commission ("Commission" or "ICC") is whether the Commission is authorized to impose labor-protective conditions in a "forced" or "involuntary" sale under 49 U.S.C. § 10905 ("§ 10905"). For the reasons stated below, we agree with the Commission's conclusion that it was without authority to impose such conditions in an "involuntary" ...

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