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SIMMONS v. I.C.C.

Nos. 87-2058, 87-3117 and 88-1998.

871 F.2d 702 (1989)

Patrick W. SIMMONS, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, and KNRECO, Inc. d/b/a Keokuk Junction Railway and the Atchison, Topeka and Santa Fe Railway Co., Intervenors.

United States Court of Appeals, Seventh Circuit.

Decided April 7, 1989.

As Amended on Denial of Rehearing June 9, 1989.

Attorney(s) appearing for the Case

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

John D. Heffner, Gerst, Heffner & Foldes, Washington, D.C., for intervenors.

Charles A. Strark, Office of the Gen. Counsel, ICC, Washington, D.C., for respondents.

Before CUDAHY and MANION, Circuit Judges, and WILL, Senior District Judge.

CUDAHY, Circuit Judge.

Patrick Simmons, Illinois Legislative Director of the United Transportation Union, petitions for review of a series of orders of the Interstate Commerce Commission (the "ICC" or "Commission"). The ICC's decisions involve the railway acquisitions and operations of KNRECO, Inc., which operates under the name Keokuk Junction Railway ("KJ").

KJ first entered the railroad industry in 1981, when it purchased four miles of abandoned track from...

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