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CITY OF PALESTINE, TEXAS v. UNITED STATES

Nos. 76-2689 and 76-3507.

559 F.2d 408 (1977)

CITY OF PALESTINE, TEXAS, et al., Petitioners, v. UNITED STATES of America, Interstate Commerce Commission and Missouri Pacific Railroad Company, Respondents. William M. GIBBONS, Trustee of Chicago, Rock Island and Pacific Railroad Company, Debtor, Petitioner, v. The UNITED STATES of America and the Interstate Commerce Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

September 19, 1977.

Attorney(s) appearing for the Case

John O. Davis, City Atty., William R. Green, County Atty., Palestine, Tex., James D. Smullen, Houston, Tex., for petitioners.

William J. Hickey, Edward J. Hickey, Jr., Washington, D. C., for Railway Employes' Dept., AFL-CIO.

Donald C. McDevitt, Rock Island Railroad, Chicago, Ill., for William M. Gibbons.

Griffen B. Bell, U. S. Atty. Gen., U. S. Dept. of Justice, Washington, D. C., William R. McDowell, Dallas, Tex., for intervenor-appellee-Missouri Pacific Railroad Co. et al.

Hanford O'Hara, Assoc. Gen. Counsel, Charles H. White, Jr., Assoc. ICC Gen. Counsel, Mark L. Evans, Gen. Counsel, Washington, D. C., Lloyd John Osborn, Atty., Donald I. Baker, Asst. Atty. Gen., App. Section, Dept. of Justice, Washington, D. C., for respondents.

J. Barnwell Phelps, New Orleans, La., Mark M. Hennelly, St. Louis, Mo., for Missouri Pacific Railroad Co.

Before COLEMAN, Circuit Judge, KUNZIG, Judge, and GEE, Circuit Judge.

GEE, Circuit Judge:

We are called upon to review certain collateral aspects of an Interstate Commerce Commission (ICC) order granting authority to merge under section 5(2) of the Interstate Commerce Act, 49 U.S.C. § 5(2), to Missouri Pacific Railroad Company (MoPac) and its principal subsidiaries, the Texas and Pacific Railway Co. (T&P) and Chicago & Eastern Illinois Railroad Co. (C&EI). The merger was unopposed, but two controversies surrounding...

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