Simmons v. Interstate Commerce Commission

HARLINGTON WOOD, Jr., Circuit Judge.

We consider three consolidated petitions,1 one by Patrick Simmons, one by the State of Illinois, and the third by Freeport and El Paso Railroad Company (“F & EP”) to set aside and remand two Interstate Commerce Commission (“Commission”) decisions concerning a proposed abandonment in central Illinois by the Illinois Central Gulf Railroad Company (“ICG”) of 148.89 miles of track and the proposed, but never consummated, sale of major segments of this track to F & EP.

Petition No. 83-2791, filed by Patrick Simmons October 7, 1983,2 challenges the Commission’s…