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CMC REAL ESTATE CORP. v. I.C.C.

Nos. 84-1553, 85-1287.

807 F.2d 1025 (1986)

CMC REAL ESTATE CORPORATION, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Iowa Interstate Railroad, Ltd., Patrick W. Simmons, Intervenors. CMC REAL ESTATE CORPORATION, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Iowa Interstate Railroad, Ltd., Patrick W. Simmons, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 23, 1986.

Attorney(s) appearing for the Case

John Broadley, Washington, D.C., for petitioners in Nos. 84-1553 and 85-1287. Robert H. Wheeler, Sarah H. Steindel, Chicago, Ill., and Sander M. Bieber, Washington, D.C., were on the brief, for petitioners in Nos. 84-1553 and 85-1287. William L. Phillips, Lisa C. Styles, and Lawrence M. Stroik, Chicago, Ill., entered appearances for petitioners in No. 84-1553.

Gordon P. MacDougall, Washington, D.C., for intervenor, Patrick W. Simmons in Nos. 84-1553 and 85-1287.

Edward J. O'Meara, Atty., I.C.C., with whom Robert S. Burk, Gen. Counsel, Henri F. Rush, Deputy Gen. Counsel, I.C.C., and Catherine G. O'Sullivan, Atty., Dept. of Justice, Washington, D.C., were on the brief, for respondents in Nos. 84-1553 and 85-1287.

Robin B. Katz, Chicago, Ill., a member of the bar of the Supreme Court of Illinois, pro hac vice by Special Leave of Court, with whom Richard M. Smith and Patricia A. McCoy, Washington, D.C., were on the brief, for intervenor, Iowa Interstate Railroad, Ltd. in Nos. 84-1553 and 85-1287.

Before MIKVA and SILBERMAN, Circuit Judges, and McGOWAN, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge McGOWAN.

McGOWAN, Senior Circuit Judge:

In this case, we consider consolidated proceedings in which the Interstate Commerce Commission ("ICC" or "Commission"), respondent in these proceedings, exempted Iowa Interstate Railroad, Ltd. ("Iowa Interstate"), from prior approval under 49 U.S.C. §§ 10901 and 11301. Iowa Interstate, a new carrier, sought expeditiously to commence permanent rail service...

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