BLACK v. I.C.C.

No. 83-2327.

762 F.2d 106 (1985)

Jack O. BLACK, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided May 21, 1985.


Attorney(s) appearing for the Case

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

Charles A. Stark, Atty. I.C.C., Washington D.C., with whom J. Paul McGrath, Asst. Atty. Gen., Dept. of Justice, John Broadley, Gen. Counsel, and Ellen D. Hanson, Associate Gen. Counsel, I.C.C., and Barry Grossman and Nancy C. Garrison, Attys., Dept. of Justice, Washington, D.C., were on the joint brief, for respondents. Robert S. Burk, Acting Gen. Counsel, and Henri F. Rush, Acting Deputy Gen. Counsel, I.C.C., Washington, D.C., were also on the supplemental brief for respondent, I.C.C.

Richard A. Allen, Washington, D.C., for intervenor, Indiana Hi-Rail Corp.

Before EDWARDS and BORK, Circuit Judges, and OBERDORFER, District Judge.


Opinion for the Court filed by District Judge OBERDORFER.

OBERDORFER, District Judge:

This is a petition to review a decision of the Interstate Commerce Commission exempting the Indiana Hi-Rail Corporation ("IHR")1 from all requirements of the Interstate Commerce Act with respect to IHR's acquisition and operation of a 22.21 mile railroad line between New Castle and Rushville, Indiana (the "Rushville line"). Indiana Hi-Rail...

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