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SIMMONS v. I.C.C.

Nos. 88-3211, 89-1961.

900 F.2d 1023 (1990)

Patrick W. SIMMONS, McLay Grain Company and Edenfruit Products Company, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, and Chicago and North Western Transportation Company, Intervenor-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, Stuart F. Gassner, Myles L. Tobin, Chicago Northwestern Ry. Co., Law Dept., Chicago, Ill., for petitioners.

Anton R. Valukas, U.S. Atty., Thomas F. McFarland, Jr., Belnap, Spencer, McFarland, Emrich & Herman, Robert S. Burke, I.C.C., Washington, D.C., William Redmond, I.C.C., Chicago, Ill., Virginia Strasser, I.C.C., Edwin Meese, U.S. Atty. Gen., Dept. of Justice, Civ. Div., Appellate Section, Washington, D.C., 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.

Petitioners Patrick W. Simmons, McLay Grain Company, and Edenfruit Products Company, have asked this court to review the action of the Interstate Commerce Commission (ICC), which declined to revoke the "out-of-service" class exemption for the abandonment of Chicago and North Western Transportation Company's (C & NW's) Chemung-Poplar Grove line. For reasons which follow, the petitions are dismissed...

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