Week of 13 Oct 1997

Decisions served

1. 17 Oct 1997 FD 33388
   ADDRESSED THE CLEV-8 PETITION FILED 10/15/97 BY THE CITY OF CLEVELAND, OH.

   Entire Board · CSX CORPORATION AND CSX TRANSPORTATION, INC., NORFOLK SOUTHERN CORPORATION AND NORFOLK SOUTHERN RAILWAY COMPANY--CONTROL AND OPERATING LEASES/AGREEMENTS--CONRAIL INC. AND CONSOLIDATED RAIL CORPORATION · decision 28500
2. 17 Oct 1997 NOM 42017
   DIRECTED DEFENDANT TO FURNISH COMPLAINANT WITH MATERIAL CALLED FOR BY APPENDIX A AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Secretary · KONICA IMAGING U.S.A., INC. V. WILLIG FREIGHT LINES, INC. · decision 28484
3. 17 Oct 1997 FD 33489
   NOTICE OF A LEASE AND OPERATION EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · GEORGIA NORTHEASTERN RAILROAD COMPANY, INC.--LEASE AND OPERATION EXEMPTION--GEORGIA DEPARTMENT OF TRANSPORTATION · decision 28453
4. 17 Oct 1997 FD 33487
   --

   Director Of Proceedings · IOWA NORTHERN RAILWAY COMPANY--ACQUISITION AND OPERATION EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 28440
5. 17 Oct 1997 AB 534 (Sub-No. 1X)
   NOTICE OF ABANDONMENT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · LAKE STATE RAILWAY COMPANY -- ABANDONMENT EXEMPTION -- IN ALPENA COUNTY, MI · decision 28429
6. 17 Oct 1997 FD 33464
   NOTICE OF ACQUISITION AND OPERATION EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · ASHLAND RAILWAY, INC.--ACQUISITION AND OPERATION EXEMPTION--CSX TRANSPORTATION, INC. · decision 28410
7. 17 Oct 1997 NOR 42006
   GRANTED MOTION TO DISMISS COMPLAINT FILED ON 6/20/97 AND AMENDED COMPLAINT FILED 8/13/97.

   Entire Board · OMAHA PUBLIC POWER DISTRICT V. UNION PACIFIC RAILROAD COMPANY · decision 28152
8. 16 Oct 1997 FD 33388
   DENIED THE EJE-9 APPEAL FILED 10-14-97.

   Entire Board · CSX CORPORATION AND CSX TRANSPORTATION, INC., NORFOLK SOUTHERN CORPORATION AND NORFOLK SOUTHERN RAILWAY COMPANY--CONTROL AND OPERATING LEASES/AGREEMENTS--CONRAIL INC. AND CONSOLIDATED RAIL CORPORATION · decision 28498
9. 16 Oct 1997 EP 573
   SET FORTH THE ADMITTANCE TO THE HEARING ON OCTOBER 27, 1997.

   Secretary · RAIL SERVICE IN THE WESTERN UNITED STATES · decision 28497
10. 16 Oct 1997 EP 573
    PRESCRIBED THE INF0RMATION TO BE FILED IN THIS PROCEEDING.

    Entire Board · RAIL SERVICE IN THE WESTERN UNITED STATES · decision 28495
11. 16 Oct 1997 EP 573
    ESTABLISHED THE SCHEDULED FOR APPEARANCE AND THE TIME ALLOTED TO EACH PARTICIPANT OR GROUP AT THE 10-27-97 ORAL HEARING.

    Entire Board · RAIL SERVICE IN THE WESTERN UNITED STATES · decision 28472
12. 16 Oct 1997 FD 33483
    NOTICE OF A CONTINUANCE IN CONTROL EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · THE TOLEDO, PEORIA AND WESTERN RAILROAD CORPORATION--CONTINUANCE IN CONTROL EXEMPTION--MARKSMAN CORPORATION · decision 28462
13. 16 Oct 1997 FD 33481
    NOTICE OF LEASE AND OPERATION EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · MARKSMAN CORPORATION--LEASE AND OPERATION EXEMPTION--J.K. LINE, INC. · decision 28461
14. 16 Oct 1997 FD 33482
    NOTICE OF LEASE AND OPERATION EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · TOLEDO, PEORIA & WESTERN RAILWAY CORPORATION--LEASE AND OPERATION EXEMPTION--A & R LINE, INC. · decision 28442
15. 16 Oct 1997 AB 487 (Sub-No. 3X)
    NOTICE OF AN ABANDONMENT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · PITTSBURG & SHAWMUT RAILROAD, INC.--ABANDONMENT EXEMPTION-- IN JEFFERSON AND CLARION COUNTIES, PA · decision 28428
16. 16 Oct 1997 AB 493 (Sub-No. 5X)
    NOTICE OF ABANDONMENT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · TRACK TECH, INC.--ABANDONMENT EXEMPTION-- IN POTTER COUNTY, TX · decision 28424
17. 16 Oct 1997 AB 493 (Sub-No. 2X)
    NOTICE OF ABANDONMENT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · TRACK TECH, INC.--ABANDONMENT EXEMPTION--IN FRANKLIN AND WEBSTER COUNTIES, NE · decision 28423
18. 16 Oct 1997 AB 493 (Sub-No. 1X)
    NOTICE OF ABANDONMENT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · TRACK TECH, INC.--ABANDONMENT EXEMPTION--IN WHITESIDE COUNTY, IL · decision 28422
19. 15 Oct 1997 NOM 41857
    GRANTED PETITIONER'S EXTENSION REQUEST TO 10/16/97.

    Secretary · PHILIPS ELECTRONICS N/A; PHILIPS LIGHTING CO. DIVISION-PETITION FOR DECLARATORY ORDER-CERTAIN RATES AND PRACTICES OF ST. JOHNSBURY TRUCKING COMPANY, INC. · decision 28469
20. 15 Oct 1997 NOM 40783
    FOUND THAT NO PARTY RESPONDED TO THE SHOW CAUSE ORDER AND DISMISSED THESE PROCEEDINGS.

    Entire Board · MARINE TRANSPORTATION SERVICES SEA BARGE GROUP, INC. V. ALLEN FREIGHT TRAILER BRIDGE, INC. · also entered in MC 247354-C, MC 247354-P · decision 28445
21. 15 Oct 1997 FD 33388
    GRANTED NYNJ-13 MOTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Entire Commission · CSX CORPORATION AND CSX TRANSPORTATION, INC., NORFOLK SOUTHERN CORPORATION AND NORFOLK SOUTHERN RAILWAY COMPANY--CONTROL AND OPERATING LEASES/AGREEMENTS--CONRAIL INC. AND CONSOLIDATED RAIL CORPORATION · decision 28417
22. 15 Oct 1997 FD 33302
    NOTICE OF ACQUISITION AND OPERATION EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · R.J. CORMAN RAILROAD COMPANY/ALLENTOWN LINES, INC.--ACQUISITION AND OPERATION EXEMPTION--CONSOLIDATED RAIL CORPORATION · decision 28408
23. 15 Oct 1997 FD 32766
    DENIED FITZGERALD'S PETITION TO REOPEN/REVOKE AND DISCONTINUED THIS PROCEEDING.

    Entire Board · PORTLAND & WESTERN RAILROAD, INC.--LEASE AND OPERATION EXEMPTION--LINES OF BURLINGTON NORTHERN RAILROAD COMPANY · decision 27989
24. 14 Oct 1997 NOM 42010
    DIRECTED PETITIONERS (1) TO FILE THEIR OPENING STATEMENTS ON OR BEFORE 11/3/97, (2) OR SHOW CAUSE WHY THIS PROCEEDING SHOULD NOT BE DISMISSED AND (3) ESTABLISHED A PROCEDURAL SCHEDULE.

    Secretary · A.O. SMITH CORPORATION; ADVANCE TRANSFORMER CO., A DIVISION OF PHILIPS; ELECTRONICS NORTH AMERICA CORPORATION; ASSOCIATED GROCERS, INC.; FEDCO, INC. DBA YOUR FURNITURE; J. SOSNICK & SONS; KENNEDY ENDEAVORS, INC. DBA TIM'S CASCADE STYLE POTATO CHIPS; MASTER-HALCO, INC.; MCCORMICK & COMPANY, INC.; POSER BUSINESS FORMS, INC.; OATEY FKA OATEY CO.; THE GLIDDEN COMPANY; THE PILLSBURY COMPANY; AND THE STATE CHEMICAL MANUFACTURING COMPANY--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF WILLIG FREIGHT LINES, INC. · decision 28468
25. 14 Oct 1997 NOM 42020
    DIRECTED RESPONDENT TO FURNISH PETITIONER WITH MATERIAL CALLED FOR BY APPENDIX A WITHIN 20 DAYS OF THE SERVICE DATE OF THIS DECISION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Secretary · IDENTITY SERVICES, INC.--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF WILLIG FREIGHT LINES, INC. · decision 28427
26. 14 Oct 1997 AB 227 (Sub-No. 11X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · WHEELING AND LAKE ERIE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN HARRISON AND JEFFERSON COUNTIES, OH · decision 28327
27. 14 Oct 1997 NOM 40833
    FOUND THAT THE COLLECTION OF UNDERCHARGES ASSESSED BY MURPHY AGAINST MANSFIELD WOULD BE AN UNREASONABLE PRACTICE UNDER 49 U.S.C. 10701(A) AND SECTION 2(E) OF THE NRA AND DISCONTINUED THIS PROCEEDING.

    Entire Board · MANSFIELD PLUMBING PRODUCTS, INC. V. THE BANKRUPTCY ESTATE OF MURPHY MOTOR FREIGHT LINES, INC. · decision 25387
28. 14 Oct 1997 NOM 41548
    FOUND THAT THE COLLECTION OF UNDERCHARGES ASSESSED BY JONES AGAINST TELEX WOULD BE AN UNREASONABLE PRACTICE UNDER SECTION 2(E) OF THE NRA, AND DISCONTINUED THIS PROCEEDING.

    Entire Board · TELEX COMPUTER PRODUCTS, INC.--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF JONES TRUCK LINES, INC. · decision 21362
29. 14 Oct 1997 NOM 41507
    FOUND THAT THE COLLECTION OF UNDERCHARGES ASSESSED BY JONES AGAINST GROW WOULD BE AN UNREASONABLE PRACTICE UNDER SECTION 2(E) OF THE NRA, AND DISCONTINUED THIS PROCEEDING.

    Entire Board · GROW GROUP, INC. V. JONES TRUCK LINES, INC. · decision 21059
30. 14 Oct 1997 NOM 40886
    FOUND THAT THE COLLECTION OF UNDERCHARGES ASSESSED BY MTI AGAINST WPG WOULD BE AN UNREASONABLE PRACTICE UNDER SECTION 2(E) OF THE NRA, AND DISCONTINUED THIS PROCEEDING.

    Entire Board · WISCONSIN PAPER GROUP, INC. V. M.T.I. TRANSPORT, INC. D/B/A SAFE TRANSPORT, INC. · decision 20969
31. 14 Oct 1997 NOM 41448
    FOUND THAT THE COLLECTION OF UNDERCHARGES ASSESSED BY JONES AGAINST MADIX WOULD BE AN UNREASONABLE PRACTICE UNDER SECTION 2(E) OF THE NRA, AND DISCONTINUED THIS PROCEEDING.

    Entire Board · MADIX STORE FIXTURES--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF JONES TRUCK LINES, INC. · decision 20511