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02/26/87 Illinois Commerce v. Interstate Commerce

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT


February 26, 1987

ILLINOIS COMMERCE COMMISSION, C. FRANKE & COMPANY, INC., AND PATRICK W. SIMMONS, PETITIONERS

v.

INTERSTATE COMMERCE COMMISSION AND UNITED STATES OF AMERICA, RESPONDENTS 1987.CDC.87

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

ORDER

PER CURIAM DECISION

Upon consideration of petitioners' Emergency Motion for Stay and the oppositions thereto, it is

ORDERED by the court that the emotion for stay be denied. Petitioners' emergency motion for stay does not comply with this court's requirement that such motions be filed at least seven days before the date by which court action is necessary. See D.C. Cir. Rule 6(j). The Interstate Commerce Commission's decision was served January 26, 1987, yet petitioners waited until February 24, 1987 -- the day before the decision was scheduled to go into effect -- to seek a stay. Moreover, petitioners have failed to establish that they will be irreparably injured if a stay of the Commission's order is not entered. See Wisconsin Gas Co. v. FERC, 758 F.2d 669, 674 (D.C. Cir. 1985); Virginia Petroleum Jobbers Association v. FPC, 259 F.2d 921, 925 (D.C. Cir. 1958). Indeed, petitioners' statements concerning irreparable injury to the shipper appear to be misleading in light of the Commission's and Chicago and North Western Transportation Company's statements that 170 feet of rails and tie plates were removed from the Cary Spur and that C. Franke & Company, Inc. has received no rail shipments for a period of more than two years. Therefore, it is

FURTHER ORDERED by the court, on its own motion, that counsel for petitioners are directed to show cause on or before March 6, 1987, why sanctions should not be imposed against counsel for their misleading statements concerning irreparable injury to the shipper and why disciplinary action, which could include a fine, should not be taken pursuant to Rule 46(c), Federal Rules of Appellate Procedure.

19870226

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