FOX VALLEY & WESTERN LIMITED, Petitioner, and
Wisconsin Department of Transportation, Intervening-Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, and
United Transportation Union, et al., Intervening-Respondents.
United States Court of Appeals, Seventh Circuit.https://leagle.com/images/logo.png
Argued November 3, 1993.
Decided January 27, 1994.
Attorney(s) appearing for the Case
Michael D. Dabertin, Robert Wheeler (argued), Thomas J. Litwiler, Oppenheimer, Wolff & Donnelly, Janet H. Gilbert, Chicago, IL, for Fox Valley & Western Ltd.
Ira H. Raphaelson, Asst. U.S. Atty., Crim. Div., Chicago, IL, Louis Mackall (argued), I.C.C., Office of Gen. Counsel, William P. Barr, Office of U.S. Atty. Gen., John J. Powers, III, Robert J. Wiggers, Dept. of Justice, Antitrust Div., Appellate Section, Washington, DC, William Redmond, I.C.C., Compliance & Consumer Assistance, Chicago, IL, for I.C.C., and U.S.
Clinton J. Miller, III, Kevin C. Brodar (argued), United Transp. Union, Cleveland, OH, for United Transp. Union.
Harold A. Ross, Ross & Kraushaar, Cleveland, OH, for Brotherhood of Locomotive Engineers.
William G. Mahoney, Richard S. Edelman (argued), Donald F. Griffin, Highsaw, Mahoney & Clarke, Washington, DC, for Brotherhood of Maintenance of Way Employees, Brotherhood of R.R. Signalmen, International Broth. of Boilermakers and Blacksmiths, International Broth. of Firemen & Oilers and Sheet Metal Workers Intern. Ass'n.
Joseph Guerrieri, Jr., Guerrieri, Edmond & James, Washington, DC, for International Ass'n of Machinists & Aerospace Workers.
Arvid E. Roach, II, Charles A. Miller, Covington & Burling, Washington, DC, Stuart F. Gassner, James P. Daley, Ronald J. Cuchna, Chicago Northwestern Ry. Co., Law Dept., Chicago, IL, for Chicago and North Western Transp. Co.
James S. Thiel, Allyn Lepeska (argued), Wisconsin Dept. of Transp., Madison, WI, for Wisconsin Dept. of Transp.
Mitchell M. Kraus, Transportation Communications Union, Rockville, MD, for Transportation Communications Intern. Union (TCU).
Ralph J. Moore, Jr., Richard T. Conway, Eugenia Langan, Shea & Gardner, David P. Lee, National Ry. Conference, Vice Chairman and Gen. Counsel, Washington, DC, for National Ry. Labor Conference, amicus curiae.
Laurence R. Latourette, Preston, Thorgrimson, Ellis & Holman, Washington, DC, for Regional R.R. of America, amicus curiae.
Thomas C. Dorsey, American Short Line R.R. Assoc., Washington, DC, for American Short Line R.R. Ass'n, amicus curiae.
Before POSNER, Chief Judge, COFFEY, Circuit Judge, and ZAGEL, District Judge.
United States Court of Appeals, Seventh Circuit.
POSNER, Chief Judge.
Fox Valley & Western Ltd. asks us to set aside a pair of orders by the Interstate Commerce Commission the effect of which is to impose onerous worker-protection conditions on the transaction by which Fox Valley became a rail carrier. 9 I.C.C.2d 209 (1992), 272 (1993). That transaction (irrelevant details of which we omit) involved Fox Valley's acquisition of the rail properties of two small railroads. One, Fox River Valley Railroad Corporation...
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