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  5. 897 F.2d 866 (1990)
 

FUTUREX INDUSTRIES, INC. v. I.C.C.

Nos. 88-3113 & 89-2565.

897 F.2d 866 (1990)

FUTUREX INDUSTRIES, INC. and James E. Redden, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, and CSX Transportation, Inc., Intervening Respondent.

United States Court of Appeals, Seventh Circuit.

Decided March 5, 1990.

As Amended on Denial of Rehearing and Rehearing April 18, 1990.

Attorney(s) appearing for the Case

Gordon P. MacDougall, Washington, D.C., George C. Moravcik, St. Charles, Ill., for petitioners.

Dennis J. Starks, Robert S. Burk, Office of the General Counsel, Washington, D.C., William Redmond, Chicago, Ill., Louis Mackall, Interstate Commerce Com'n, Edwin Meese, U.S. Atty. Gen., Dept. of Justice, Civ. Div., Appellate Section, Washington, D.C., Lawrence H. Richmond, Baltimore, Md., Anton R. Valukas, U.S. Atty., Office of the U.S. Atty., Chicago, Ill., Catherine G. O'Sullivan, David Seidman, Dept. of Justice, Antitrust Div., Appellate Section, Washington, D.C., Richard L. Thornburg, U.S. Atty. Gen., Office of the U.S. Atty. Gen., Washington, D.C., for respondents.

Lawrence H. Richmond, Peter J. Shudtz, Baltimore, Md., Charles M. Rosenberger, Patricia Vail, Jacksonville, Fla., for intervening respondent.

Before CUDAHY and POSNER, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

As Amended on Denial of Rehearing and Rehearing En Banc April 18, 1990.

CUDAHY, Circuit Judge.

Railroad carriers seeking to abandon rail segments customarily must apply to the Interstate Commerce Commission (the "ICC" or the "Commission") for a certificate of abandonment or discontinuance. The ICC then balances a number of factors to determine whether "the present or future public convenience and necessity" will be served by an abandonment or discontinuance...

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