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BURLINGTON NORTHERN INC. v. UNITED STATES

No. 76-2035.

561 F.2d 167 (1977)

BURLINGTON NORTHERN INC., Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Quincy Soybean Company, Intervenor-Respondent.

United States Court of Appeals, Eighth Circuit.

Decided September 7, 1977.

Attorney(s) appearing for the Case

William R. Power, Burlington Northern Inc., St. Paul, Minn., for petitioner.

R. Craig Lawrence, I. C. C., Washington, D. C., for respondent, Interstate Commerce Commission, Donald I. Baker, Asst. Atty. Gen., John Powers, III, Atty., Dept. of Justice, Washington, D. C., Mark L. Evans, Gen. Counsel, Charles H. White, Jr., Assoc. Gen. Counsel, Washington, D. C., on brief.

Daniel J. Sweeney, Washington, D. C., for intervenor-respondent; D. J. Sullivan, St. Louis, Mo., on brief.

Before GIBSON, Chief Judge, and LAY and ROSS, Circuit Judges.

PER CURIAM.

Burlington Northern brings this petition for review of a final Interstate Commerce Commission order requiring Burlington Northern to cancel proposed tariff schedules which would have withdrawn a rail transit privilege at Quincy, Illinois. A transit privilege is a rate accommodation designed to permit a shipper of raw materials or agricultural products to unload and process commodities at a point en route without being required to pay local rates for each...

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