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SIMMONS v. I.C.C.

No. 89-2874.

943 F.2d 11 (1991)

Patrick W. SIMMONS, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, and Missouri Pacific Railroad Company, Intervening-Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 27, 1991.

Rehearing and Rehearing Denied October 30, 1991.

Attorney(s) appearing for the Case

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

Dennis J. Starks, Henri F. Rush (argued), Robert S. Burk, I.C.C., Office of the General Counsel, Richard L. Thornburgh, U.S. Atty. Gen., Washington, D.C., William Redmond, I.C.C., Compliance & Consumer Assistance, Chicago, Ill., Anton R. Valukas, U.S. Atty., Criminal Division, Chicago, Ill., Andrea Limmer, Dept. of Justice, Civil Division, Appellate Section, Catherine G. O'Sullivan, Dept. of Justice, Antitrust Division, Appellate Section, Washington, D.C., for respondents.

Joseph D. Anthofer (argued), Omaha, Neb., for Intervenor.

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

Rehearing and Rehearing En Banc Denied October 30, 1991.

FAIRCHILD, Senior Circuit Judge.

Patrick W. Simmons, Illinois Legislative Director for United Transportation Union, petitions for review of an order of the Interstate Commerce Commission exempting from the requirement of a determination of public convenience and necessity the abandonment of a two mile segment of line of the Missouri Pacific Railroad Company.

A segment of the Sparta Branch of...

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