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SIMMONS v. I.C.C.

No. 90-1365.

934 F.2d 363 (1991)

Patrick W. SIMMONS, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided May 31, 1991.

Rehearing and Rehearing Denied August 9, 1991.

Attorney(s) appearing for the Case

Gordon P. MacDougall, Washington, D.C., for petitioner.

Judith A. Albert, New York City, Atty., I.C.C., with whom James F. Rill, Asst. Atty. Gen., Catherine G. O'Sullivan and Marion Jetton, Attys., Dept. of Justice, Robert S. Burk, Gen. Counsel, and Henri F. Rush, Washington, D.C., Associate Gen. Counsel, I.C.C., were on the brief, for respondents.

Before WALD, SENTELLE and HENDERSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 9, 1991.

Opinion for the Court filed by Circuit Judge SENTELLE.

Dissenting Opinion filed by Circuit Judge WALD.

SENTELLE, Circuit Judge:

In the administrative proceeding under review, the Interstate Commerce Commission ("ICC" or "Commission") granted a petition by CMC Real Estate Corporation ("CMC") and Soo Line Railroad Company ("Soo") to exempt from regulation their abandonment and discontinuation...

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