Jack O. BLACK and Patrick W. Simmons, Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
Illinois Central Gulf Railroad Company, The Indiana Rail Road Company, Intervenors.
Jack O. BLACK, Patrick W. Simmons and Brotherhood of Locomotive Engineers, Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Illinois Central Gulf Railroad Company, The Indiana Rail Road Company, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 20, 1987.
Decided February 2, 1988.
Attorney(s) appearing for the Case
Gordon P. MacDougall, Washington, D.C., with whom Harold A. Ross, Cleveland, Ohio, was on the brief, for petitioners.
Clyde James Hart, Atty., I.C.C., with whom Robert S. Burk, General Counsel, I.C.C., John J. McCarthy, Jr., Deputy Associate General Counsel, I.C.C., Robert J. Wiggers and John J. Powers III, Attys., U.S. Dept. of Justice, were on the brief, for appellees the I.C.C. and United States of America, and Michael Martin, Office of General Counsel, I.C.C., H. Glenn Scammel, Atty., I.C.C., and John P. Fonte, Atty., U.S. Dept. of Justice, Washington, D.C., also entered appearances for joint appellees.
Edward D. Greenberg, Lawrence A. Miller, Ronald S. Flagg and Donald H. Smith, Washington, D.C., were on the brief for intervenors-respondents Illinois Central Gulf R.R. and Indiana Rail Road. Richard M. Kamowski and Howard D. Koontz, Chicago, Ill., also entered appearances for intervenor-respondent Illinois Central Gulf R.R.
Before WALD, Chief Judge, MIKVA, Circuit Judge, and FRIEDMAN, Circuit Judge, U.S. Court of Appeals for the Federal Circuit.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge FRIEDMAN.
FRIEDMAN, Circuit Judge:
These are petitions to review a determination of the Interstate Commerce Commission (Commission) that a railroad's operation of its trains over 13.3 miles of another railroad's line to reach the place at which it interchanged its cars with the other railroad was not an acquisition of trackage rights that required Commission approval. We affirm.
I
A. Under 49 U...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.