WISCONSIN CENT. LTD. v. SURFACE TRANSP. BD.

No. 95-3728.

112 F.3d 881 (1997)

WISCONSIN CENTRAL LTD., Petitioner, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided April 30, 1997.


Attorney(s) appearing for the Case

Thomas J. Litwiler (argued), Oppenheimer, Wolff & Donnelly, Chicago, IL, Janet H. Gilbert, Wisconsin Central Limited, Rosemont, IL, for Petitioner.

Janet Reno, U.S. Attorney General, Washington, DC, John J. Powers, III, John P. Fonte, Department of Justice, Antitrust Division, Appellate Section, Washington, DC, for Respondent U.S.

Henri F. Rush, Interstate Commerce Commission, Office of the General Counsel, Washington, DC, Evelyn Kitay (argued), Surface Transportation Board, Office of the General Counsel, Washington, DC, for Respondent Surface Transportation Board.

Before ESCHBACH, ROVNER, and EVANS, Circuit Judges.


ILANA DIAMOND ROVNER, Circuit Judge.

Wisconsin Central Ltd. (WCL) seeks review of an order of the now-moribund Interstate Commerce Commission1 requiring WCL to obtain abandonment authority before it can remove any trackage from a rail line that it purchased in 1987. WCL has never provided common carrier service over that line. It did, however, lease the line to Wisconsin & Michigan Railway Company (WIMI), which provided such service...

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