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FARMLAND INDUSTRIES, INC. v. UNITED STATES

Nos. 80-1308, 80-1435.

642 F.2d 208 (1981)

FARMLAND INDUSTRIES, INC., Agrico Chemical Company, Allied Chemical Corporation, Amoco Oil Company, Borden, Inc. (Smith-Douglass, Division of Borden Chemical), CF Industries, Inc., International Minerals & Chemical Corporation, Royster Company, Terra Chemicals International, Inc., and Texasgulf, Inc., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents. PEOPLE OF the State of ILLINOIS, Illinois Commerce Commission and Patrick W. Simmons, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided March 3, 1981.

Attorney(s) appearing for the Case

Thomas F. McFarland, Jr., Chicago, Ill., Gordon P. MacDougall, Washington, D. C., for petitioners.

Daniel B. Harrell, I.C.C., Washington, D. C., James H. Durkin, Missouri Pacific R.R. Co., Chicago, Ill., for respondents.

Before BAUER, Circuit Judge, KUNZIG, Judge, and WOOD, Circuit Judge.

BAUER, Circuit Judge.

Petitioners Farmland Industries, Inc. ("Farmland") and the State of Illinois seek judicial review of an Interstate Commerce Commission ("ICC") statement of policy change entered December 26, 1979. We deny the petitions for review.

I

In February 1979, the ICC published notice of its intention to adopt a policy statement modifying the criteria used to decide railroad abandonment applications. Specifically, the Commission proposed...

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