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BURLINGTON NORTHERN, INC. v. I. C. C.

Nos. 71-1087, 71-1199.

462 F.2d 280 (1972)

BURLINGTON NORTHERN, INC., et al., Appellees, v. INTERSTATE COMMERCE COMMISSION, et al., Appellants. BURLINGTON NORTHERN, INC., Appellant, v. INTERSTATE COMMERCE COMMISSION, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided January 31, 1972.

Rehearing Denied May 17, 1972.

Attorney(s) appearing for the Case

Mr. Raymond D. Battocchi, Atty., Department of Justice, with whom Mr. L. Patrick Gray, III, Asst. Atty. Gen., Messrs. Thomas A. Flannery, U. S. Atty., at the time the brief was filed, Morton Hollander, Atty., Department of Justice, Fritz R. Kahn, General Counsel, Interstate Commerce Commission, and Leonard S. Goodman, Associate Gen. Counsel, Interstate Commerce Commission, were on the brief for appellants in No. 71-1087 and appellees in No. 71-1199.

Mr. Richard J. Flynn, Washington, D.C., with whom Mr. Richard G. Clemons, Washington, D.C., was on the brief, for appellees in No. 71-1087 and appellants in No. 71-1199.

Mr. Peter S. Craig, Washington, D.C., filed a brief on behalf of Southern Railway Company, et al., as amici curiae, urging affirmance.

Before WILBUR K. MILLER, Senior Circuit Judge, and TAMM and ROBB, Circuit Judges.

Rehearing En Banc Denied in No. 71-1087 May 17, 1972.

ROBB, Circuit Judge:

Burlington Northern, Inc., a common carrier by railroad subject to the jurisdiction of the Interstate Commerce Commission, filed this action in the district court against the Commission and Matthew Paolo, Director of the Commission's Bureau of Accounts.1 The complaint sought a declaration of Burlington Northern's rights and injunctive relief against a formal...

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