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ICG CONCERNED WORKERS ASS'N v. U.S.

Nos. 88-1764, 88-1833.

888 F.2d 1455 (1989)

ICG CONCERNED WORKERS ASSOCIATION, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, IC Industries, Inc., Illinois Central Transportation Company and Illinois Central Railroad Company, Intervenors. Patrick W. SIMMONS, Petitioner, v. INTERSTATE COMMERCE COMMISSION, and United States of America, Respondents, Whitman Corporation, Illinois Central Transportation Company and Illinois Central Railroad, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

November 14, 1989.

Attorney(s) appearing for the Case

Betty Jo Christian, Timothy M. Walsh, Washington, D.C., and Janice Barber were on the motion to dismiss for intervenors, Whitman Corporation, et al., in Nos. 88-1764 and 88-1833. John J. Powers, III, and John P. Fonte, Washington, D.C., also entered appearances, for respondents.

Harry J. Jordan, Washington, D.C., Patrick C. Jordan, Fairfax Station, Va., were on the opposition to the motion to dismiss, for petitioner in No. 88-1764.

Gordon P. MacDougall, Washington, D.C., was on the opposition to the motion to dismiss, for petitioner in No. 88-1833.

Robert S. Burk, Gen. Counsel and Henry F. Rush, Deputy Gen. Counsel, and John J. McCarthy, Jr., Deputy Associate Gen. Counsel, I.C.C., were on the response, for respondents in Nos. 88-1764 and 88-1833.

Before WALD, Chief Judge, SILBERMAN and WILLIAMS, Circuit Judges.

Opinion for the Court filed PER CURIAM.

PER CURIAM:

These consolidated petitions for review challenge a September 30, 1988 order of the Interstate Commerce Commission ("ICC"). When both petitions for review were filed, requests for reconsideration, filed by parties other than the instant petitioners, were pending before the ICC. Intervenors have moved to dismiss both petitions for judicial review on the ground that the pendency of the reconsideration requests...

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