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SIMMONS v. I.C.C.

No. 82-1421.

829 F.2d 150 (1987)

Patrick W. SIMMONS, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Association of American Railroads, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 18, 1987.

Attorney(s) appearing for the Case

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

Cecelia E. Higgins, Atty., I.C.C., with whom John Broadley, Gen. Counsel, and Ellen D. Hanson, Associate Gen. Counsel, I.C.C., and John J. Powers, III, and Kenneth P. Kolson, Attys., Dept. of Justice, Washington, D.C., were on joint brief, for respondents. Evelyn G. Kitay, Atty., I.C.C., Washington, D.C., also entered an appearance for respondent I.C.C.

James I. Collier, Jr., was on brief, for intervenors. J. Thomas Tidd, Washington, D.C., also entered an appearance for intervenors.

Before ROBINSON and MIKVA, Circuit Judges, and VAN DUSEN, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge SPOTTSWOOD W. ROBINSON, III.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

Patrick W. Simmons, the Illinois Legislative Director of the United Transportation Union, petitions for review of a revised regulation of the Interstate Commerce Commission pertaining to applications for a Section 10901 authorization for construction, acquisition or operation of a railroad line.1 Simmons asserts...

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