Detroit, Toledo & Ironton Railroad v. United States

BOYCE F. MARTIN, Jr., Circuit Judge.

Petitioners seek review of an Interstate Commerce Commission decision removing certain protective conditions imposed on railroad mergers by the Commission during the past sixty years. We have jurisdiction to hear this case pursuant to 28 U.S.C. § 2342.

An understanding of this case requires some knowledge about the railroad merger process. Railroads wishing to consolidate must obtain permission from the Interstate Commerce Commission. 49 U.S.C. § 11343(a) (1983). The Commission must approve their merger request if it finds the merger to be in the public…