SIMMONS v. I.C.C.

Nos. 83-1474, 83-2820.

760 F.2d 126 (1985)

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

United States Court of Appeals, Seventh Circuit.

Decided March 15, 1985.

As Amended May 2, 1985.

Rehearing and Rehearing Denied May 2, 1985.


Attorney(s) appearing for the Case

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

J. Carol Brooks, I.C.C., Washington, D.C., for respondents.

John H. Doeringer, ICG Railroad, Chicago, Ill., for intervening respondent.

Before BAUER and POSNER, Circuit Judges, and JAMESON, Senior District Judge.


Rehearing and Rehearing En Banc Denied May 2, 1985.

POSNER, Circuit Judge.

These petitions to review two related orders of the Interstate Commerce Commission require us to consider a question of first impression under the provision of the Interstate Commerce Act governing offers of financial assistance to head off the abandonment of a railroad line, 49 U.S.C. § 10905. The question is whether the Commission is authorized or required to impose labor-protective...

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