ILLINOIS COMMERCE COMMISSION, et al., Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Chicago and North Western Transportation Co., Illinois Department of Transportation, National Association of Regulatory Utility Commissioners, Association of American Railroads, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 31, 1988.
Decided July 18, 1989.
Attorney(s) appearing for the Case
Gordon P. MacDougall, Washington, D.C., and James E. Weging, Illinois Special Asst. Atty. Gen., Chicago, Ill., with whom Walter J. Binder, Jr., Cary, Ill., was on the brief for petitioners.
Evelyn G. Kitay, Atty., I.C.C., with whom Robert S. Burk, Gen. Counsel, and Ellen D. Hanson, Associate Gen. Counsel, I.C.C., Washinton, D.C., were on the brief for respondent I.C.C.
James E. Weging, Chicago, Ill., entered an appearance for intervenor Illinois Department of Transportation.
Catherine G. O'Sullivan and Andrea Limmer, Attys., Dept. of Justice, Washington, D.C., entered appearances for respondent United States of America.
L. John Osborn, with whom Myles L. Tobin, Chicago, Ill., and Fritz R. Kahn, Washington, D.C., were on the brief for intervenor Chicago and North Western Transp. Co.
Paul Rodgers and Charles D. Gray, Washington, D.C., were on the brief for intervenor National Association of Regulatory Utility Commissioners.
J. Thomas Tidd and John B. Norton were on the brief for intervenor Association of American Railroads.
William J. Dwyer was on the brief for amicus curiae New York State Dept. of Transp., urging reversal.
Timothy R. Baker was on the brief for amicus curiae Montana Department of Public Service Regulation, Public Service Commission, urging reversal.
Merrell M. Peters, Asst. Atty. Gen., State of Iowa, was on the brief for amicus curiae State of Iowa, urging reversal.
Daniel D. Stier, Madison, Wis., entered an appearance for amicus curiae Wisconsin Office of Commissioner of Transportation.
Before ROBINSON, RUTH B. GINSBURG and SENTELLE, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge SPOTTSWOOD W. ROBINSON, III.
SPOTTSWOOD W. ROBINSON, III, Circuit Judge:
The Interstate Commerce Act confers upon the Interstate Commerce Commission power to regulate abandonments of railroad lines,1 but excepts from this grant abandonments of spur tracks located entirely within a single state.2 At issue here is a Commission decision and order holding that...
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