[Federal Register Volume 59, Number 168 (Wednesday, August 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21574]


[[Page Unknown]]

[Federal Register: August 31, 1994]


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INTERSTATE COMMERCE COMMISSION

[Finance Docket No. 32495]

 

Chicago Terminal Corporation; Acquisition of Leasehold 
Exemption--Elgin, Joliet & Eastern Railway Company

    Chicago Terminal Corporation (CTC), a noncarrier, has filed a 
verified notice under 49 CFR part 1150, subpart D--Exempt Transactions 
to acquire a non-exclusive leasehold interest in the approximately 112-
mile rail line between milepost J-67 + 320 at Upton, IL, and Buchannan 
Street, Kirk Yard, at Gary, IN, owned by Elgin, Joliet & Eastern 
Railway Company (EJ&E). The transaction is expected to be consummated 
on or soon after the effective date of the Commission's decision on the 
merits of CTC's contemporaneously filed motion to dismiss.1
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    \1\ In its motion to dismiss, CTC asserts that the Commission 
lacks jurisdiction because CTC is not acquiring a common carrier 
obligation and allegedly will not become a carrier upon consummation 
of the transaction. The merits of this motion, as well as of CTC's 
motion for a protective order, will be addressed in separate 
decisions. This notice of exemption covers only the acquisition of a 
leasehold interest and not any other aspect of the transaction. 
Depending upon the Commission's decision on the motion to dismiss, 
and absent the filing of a petition for revocation (which would be 
handled separately), the exemption will stand or be vacated.
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    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to reopen the proceeding to 
revoke the exemption under 49 U.S.C. 10505(d) may be filed at any time. 
The filing of a petition to reopen will not stay the exemption's 
effectiveness. Pleadings must be filed with the Commission and served 
on William C. Sippel, Oppenheimer Wolff & Donnelly, Two Prudential 
Plaza, 45th Floor, 180 North Stetson Avenue, Chicago, IL 60601.

    Decided: August 22, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. 94-21574 Filed 8-30-94; 8:45 am]
BILLING CODE 7035-01-P