Simmons v. Interstate Commerce Commission

ESCHBACH, Circuit Judge.

The primary question presented by this petition for review of an order of the Interstate Commerce Commission (“Commission” or “ICC”) is whether the Commission is authorized to impose labor-protective conditions in a “forced” or “involuntary” sale under 49 U.S.C. § 10905 (“§ 10905”). For the reasons stated below, we agree with the Commission’s conclusion that it was without authority to impose such conditions in an “involuntary” § 10905 sale; the petition for review will be denied.

I

The facts of this dispute may be summarized as follows:

In January 1982, the Illinois…