SIMMONS v. I.C.C.

No. 88-3207.

900 F.2d 1018 (1990)

Patrick W. SIMMONS, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, and Chicago-Chemung Railroad Corporation, Intervening Respondent.

United States Court of Appeals, Seventh Circuit.

Decided April 16, 1990.


Attorney(s) appearing for the Case

Gordon P. MacDougall, Washington, D.C., John J. Naughton, Henslee, Monek & Henslee, Chicago, Ill., for petitioner.

Stuart F. Gassner, Myles L. Tobin, Chicago Northwestern Railway Co., Law Dept., Chicago, Ill., for intervenor.

Thomas F. McFarland, Jr., Belnap, Spencer, McFarland, Emrich & Herman, Anton R. Valukus, Asst. U.S. Atty., William Redmond, I.C.C., Chicago, Ill., Virginia Strasser, I.C.C., Edwin Meese, U.S. Atty. Gen., Dept. of Justice, Civil Div., Appellate Section, Catherine G. O'Sullivan, David Seidman, Dept. of Justice, Antitrust Div., Appellate Section, Washington, D.C., for respondents.

Before CUMMINGS, FLAUM, and MANION, Circuit Judges.


MANION, Circuit Judge.

Petitioner Patrick W. Simmons1 has asked this court to review the action of the Interstate Commerce Commission (ICC), which declined to revoke a class exemption pertaining to the sale of Chicago and North Western Transportation Company's (C & NW's) Harvard-Chemung railroad line. For reasons which follow, the petition is dismissed for lack of standing.

I. BACKGROUND

For a number of years, C ...

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