ILLINOIS COMMERCE COM'N v. UNITED STATES

No. 84-2912.

779 F.2d 1270 (1985)

ILLINOIS COMMERCE COMMISSION, Village of Cary, C. Franke & Company, Inc., and Patrick W. Simmons, Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents. Chicago and North Western Transportation Company, Intervening Respondent.

United States Court of Appeals, Seventh Circuit.

Decided December 18, 1985.


Attorney(s) appearing for the Case

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

Evelyn G. Kitay, I.C.C., Washington, D.C., for respondent.

Before CUDAHY and POSNER, Circuit Judges, and SWYGERT, Senior Circuit Judge.


CUDAHY, Circuit Judge.

In this appeal we review whether the Interstate Commerce Commission (the "ICC" or "the Commission") had jurisdiction to determine that the Chicago and North Western Railroad Company was exempt from complying with statutory requirements for abandoning a small strip of track in McHenry County, Illinois. The Commission first determined that the track was "line of railroad" and thus within its jurisdiction. We vacate and remand for further proceedings...

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