UNITED STATES v. INTERSTATE COMMERCE COMMISSION

No. 28.

396 U.S. 491 (1970)

UNITED STATES v. INTERSTATE COMMERCE COMMISSION ET AL.

Supreme Court of United States.

Decided February 2, 1970.


Attorney(s) appearing for the Case

Assistant Attorney General McLaren argued the cause for the United States. With him on the briefs were Solicitor General Griswold, Deputy Solicitor General Springer, and Howard E. Shapiro. Louis B. Dailey argued the cause for appellants in No. 38. With him on the briefs was Harry Tyson Carter. Valentine B. Deale argued the cause and filed briefs for appellant in No. 44. Robert L. Wald and Joel E. Hoffman filed a brief for appellant in No. 43.

Fritz R. Kahn argued the cause for appellee Interstate Commerce Commission in all cases. With him on the brief were Robert W. Ginnane and Jerome Nelson. Hugh B. Cox argued the cause for appellees Great Northern Railway Co. et al. in all cases. With him on the briefs were Ray Garrett, D. Robert Thomas, Lee B. McTurnan, Michael Boudin, Anthony Kane, Louis E. Torinus, Earl F. Requa, Frank S. Farrell, Eldon Martin, R. T. Cubbage, and Richard J. Flynn. Fred H. Tolan argued the cause for appellees Pacific Northwest Shippers in No. 28. With him on the brief was Alan F. Wohlstetter. Raymond K. Merrill argued the cause for appellee Chicago, Milwaukee, St. Paul & Pacific Railroad Co. in No. 28. With him on the brief were Edwin O. Schiewe, Warren H. Ploeger, Thomas H. Ploss, and Edward H. Foley. Lee Johnson, Attorney General of Oregon, and Richard W. Sabin, Assistant Attorney General, filed a brief for appellee Public Utility Commissioner of Oregon in No. 28.


MR. CHIEF JUSTICE BURGER delivered the opinion of the Court.

The Interstate Commerce Commission orders that give rise to these appeals grow out of applications seeking approval of a merger plan filed by the Great Northern Railway Company and the Northern Pacific Railway Company (collectively the Northern Lines), and three of their subsidiaries—the Pacific Coast Railroad Company, the Chicago, Burlington & Quincy Railroad Company, (Burlington), and the Spokane...

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