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CHICAGO, M., ST. P. & P. R. CO. v. UNITED STATES

No. 77-1453.

585 F.2d 254 (1978)

CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided October 4, 1978.

Attorney(s) appearing for the Case

Jospeh A. Auerbach, Boston, Mass., for petitioner.

John J. McCarthy, Jr., I. C. C., Washington, D. C., for respondents.

Before PELL and WOOD, Circuit Judges, and FLAUM, District Judge.

PELL, Circuit Judge.

The Chicago, Milwaukee, St. Paul and Pacific Railroad Company (Milwaukee) petitions for review of an order of the Interstate Commerce Commission (ICC) which dismissed the Milwaukee's application for inclusion in the Burlington Northern, Inc. (BN) and its alternative petition for additional traffic protective conditions from the BN. The primary contentions of the Milwaukee in this case are that the ICC, in denying the application, failed to give...

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