[Federal Register Volume 60, Number 250 (Friday, December 29, 1995)]
[Notices]
[Page 67363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31502]



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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32836]


Akron Barberton Cluster Railway Company; Trackage Rights 
Exemption; Wheeling and Lake Erie Railway Company

    Akron Barberton Cluster Railway Company (ABCR) has filed a verified 
notice under 49 CFR 1180.2(d)(7) to acquire overhead trackage rights 
from Wheeling & Lake Erie Railway Company (W&LE) over 15.4 miles of 
rail line, as follows: (1) That segment of W&LE's Cleveland Main Line 
extending from the junction with ABCR's Kent Line at milepost 
33.0, in Kent, OH, thence to W&LE's Mogadore Junction at 
milepost 40.1 (milepost 169.3 on W&LE's Akron, Canton & Youngstown Main 
Line); and (2) that segment of W&LE's Akron, Canton & Youngstown Main 
Line extending from milepost 169.3 through Brittain Yard to milepost 
161.0, near the Rock Cut interchange. The transaction was to have been 
consummated on or about December 15, 1995.
    As a condition to this exemption, any employees adversely affected 
by the trackage rights will be protected under Norfolk and Western Ry. 
Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as modified in 
Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 653 (1980).
    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. An original and 10 copies of all pleadings, referring to 
Finance Docket No. 32836, must be filed with the Office of the 
Secretary, Case Control Branch, Interstate Commerce Commission, 
Washington, DC 20423.1 In addition, a copy of each pleading must 
be served on Terence M. Hynes, Sidley & Austin, 1722 Eye Street, NW., 
Washington, DC 20006.

    \1\  Legislation to sunset the Commission on December 31, 1995, 
and transfer remaining functions is now under consideration in 
Congress. Until further notice, parties submitting pleadings should 
continue to use the current name and address.
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    Decided: December 22, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-31502 Filed 12-28-95; 8:45 am]
BILLING CODE 7035-01-P