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RAILWAY LABOR EXECUTIVES' ASS'N v. U.S.

Nos. 413, 414. Docket 85-4093, 85-4107.

791 F.2d 994 (1986)

RAILWAY LABOR EXECUTIVES' ASSOCIATION, Petitioner, v. UNITED STATES of America, and Interstate Commerce Commission, Respondents, The Staten Island Railroad Corporation, the Staten Island Railway Corporation, Intervenors.

United States Court of Appeals, Second Circuit.

Decided May 22, 1986.

Attorney(s) appearing for the Case

John O'B. Clarke, Jr., Washington, D.C. (William J. Birney and Kimberly A. Madigan, Highsaw & Mahoney, P.C., Washington, D.C., of counsel), for petitioner.

H. Glenn Scammel, Washington, D.C. (Robert S. Burk, Gen. Counsel, Douglas H. Ginsburg, Asst. Atty. Gen., John J. McCarthy, Jr., Deputy Associate Gen. Counsel, John J. Powers, III, Frederic Freilicher, of counsel), for respondents ICC and United States of America.

John J. Gallagher, Washington, D.C. (Ronald M. Johnson, Akin, Gump, Strauss, Hauer & Feld, Peter J. Shudtz, Washington, D.C., of counsel), for intervenor Staten Island Ry. Corp.

William F. Sheehan, Washington, D.C. (Shea & Gardner, Washington, D.C., of counsel), for intervenor Staten Island Railroad Corp.

Before VAN GRAAFEILAND, NEWMAN and MINER, Circuit Judges.

MINER, Circuit Judge:

These are two consolidated petitions to review two Interstate Commerce Commission ("ICC") orders approving the sale under 49 U.S.C. § 10905 of 16.68 miles of railroad track by the Staten Island Railroad Corporation ("SIRC") to the Staten Island Railway Corporation ("SIRY"), a newly formed, wholly owned subsidiary of the New York, Susquehanna & Western Railway Corporation ("NYS & W"), and exempting from the provisos of 49 U.S.C. ...

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