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VILLAGE OF PALESTINE v. I.C.C.

No. 90-1418.

936 F.2d 1335 (1991)

VILLAGE OF PALESTINE, City of Robinson, Willow Hill Grain, Inc., and Patrick W. Simmons, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Indiana Rail Road Company, Illinois Central Railroad Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 28, 1991.

Attorney(s) appearing for the Case

Gordon P. MacDougall, Washington, D.C., and Frank J. Weber, Robinson, Ill., for petitioners.

Laurence H. Schecker, Atty., I.C.C., with whom Robert S. Burk, Gen. Counsel, Henri F. Rush, Deputy Gen. Counsel, I.C.C., James F. Rill, Asst. Atty. Gen., John J. Powers, III, and John P. Fonte, Attys., Dept. of Justice, were on the brief, Washington, D.C., for respondents.

John H. Broadley, Washington, D.C., entered an appearance for intervenor, Indiana R.R. Co.

Robert H. Wheeler, Washington, D.C., entered an appearance for intervenor, Illinois Cent. R. Co.

Before SILBERMAN, WILLIAMS and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

Concurring opinion filed by Circuit Judge SILBERMAN.

RANDOLPH, Circuit Judge:

The Village of Palestine and others petition for review of an order of the Interstate Commerce Commission exempting a sale of rail lines and trackage rights from 49 U.S.C. §§ 11343 and 11344(d).1 The dispute centers on the meaning of 49 U.S.C. § 10505(a), the provision authorizing...

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