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AMOSKEAG CO. v. I. C. C.

No. 78-1049.

590 F.2d 388 (1979)

AMOSKEAG COMPANY et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, and Maine Central Railroad Co., Intervenor.

United States Court of Appeals, First Circuit.

Decided January 16, 1979.

Attorney(s) appearing for the Case

John E. Haley, Washington, D. C., with whom Peter J. Vaghi, Sidley & Austin, Washington, D. C., Alan L. Lefkowitz, Edward T. Robinson, Paul E. Clifford, James D. McGinley, and Gaston Snow & Ely Bartlett, Boston, Mass., were on brief, for petitioners.

Jerome Nelson, Atty., I. C. C., with whom Robert S. Burk, Deputy Gen. Counsel, and Henri E. Rush, Associate Gen. Counsel, Washington, D. C., were on brief, for the I. C. C.

Peter J. Nickles, Washington, D. C., with whom Eugene D. Gulland, and Covington & Burling, Washington, D. C., were on brief, for intervenor.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

BOWNES, Circuit Judge.

On December 12, 1977, the Interstate Commerce Commission entered a cease and desist order against Amoskeag Company's tender offer (through its wholly-owned subsidiary, Downeast Management Corporation) to purchase Maine Central Railroad Company stock. Amoskeag appeals that order to us.

BACKGROUND

Amoskeag acquired control of the Bangor & Aroostook Railroad by purchasing 97% of its outstanding common stock in 1969...

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