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ILLINOIS COMMERCE COM'N v. I.C.C.

Nos. 83-1836, 83-1868.

787 F.2d 616 (1986)

ILLINOIS COMMERCE COMMISSION and Patrick W. Simmons, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Association of American Railroads, Illinois Central Gulf Railroad Company, Intervenors. The COMMISSIONER OF TRANSPORTATION OF the STATE OF NEW YORK, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, People of the State of California, et al., Association of American Railroads, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 4, 1986.

As Amended April 4, 1986.

Attorney(s) appearing for the Case

Gordon P. MacDougall, and James E. Weging, for petitioners in No. 83-1836.

William J. Dwyer, for petitioner in No. 83-1868.

Louis Mackall, Atty., I.C.C., with whom J. Paul McGrath, Asst. Atty. Gen., Dept. of Justice, John Broadley, Gen. Counsel, I.C.C., at the time the brief was filed, Ellen D. Hanson, Associate Gen. Counsel, I.C.C., Barry Grossman and Edward T. Hand, Attys., Dept. of Justice, for respondents.

James I. Collier, Jr., for intervenor Ass'n of American Railroads.

Howard D. Koontz, for intervenor, Illinois Cent. Gulf R. Co.

Before ROBINSON, Chief Judge, and WRIGHT and WALD, Circuit Judges.

Opinion for the Court filed by Chief Judge ROBINSON.

SPOTTSWOOD W. ROBINSON, III, Chief Judge:

These petitions for review challenge an order of the Interstate Commerce Commission deregulating abandonments of "out of service" rail lines.1 Purportedly exercising authority conferred by the Staggers Rail Act of 1980,2 the Commission exempted segments of line that have not been used for at least two years...

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