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BUSBOOM GRAIN CO., INC. v. I.C.C.

No. 87-2228.

856 F.2d 790 (1988)

BUSBOOM GRAIN COMPANY, INC. and Fisher Farmers Grain & Coal Company, Petitioners, and Patrick W. Simmons, Illinois Legislative Director for United Transportation Union, Intervening Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, and CSX Transportation, Inc., Intervening Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 4, 1988.

Attorney(s) appearing for the Case

Thomas F. McFarland, Jr., Belnap, Spencer, McFarland, Emrich & Herman, Chicago, Ill., Gordon P. MacDougall, Washington, D.C., for petitioners.

Dennis J. Starks, Office of the Gen. Counsel, I.C.C., John J. Powers, III, U.S. Dept. of Justice, Washington, D.C., for respondents.

Before WOOD, Jr., POSNER and EASTERBROOK, Circuit Judges.

POSNER, Circuit Judge.

Two shippers, Busboom and Fisher, joined by a representative of railroad workers, have challenged the Interstate Commerce Commission's decision to allow the Chessie system to abandon 17 miles of track in southern Illinois pursuant to 49 U.S.C. § 10903(a). We refused to stay the Commission's order, see 830 F.2d 74 (7th Cir.1987); the petitioners, in filing what amounted to a pro forma application for a stay...

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