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SAN ANTONIO, TEXAS v. BURLINGTON NORTHERN, INC.

Nos. 81-1150, 81-4141.

652 F.2d 422 (1981)

SAN ANTONIO, TEXAS, Acting By and Through its CITY PUBLIC SERVICE BOARD, Plaintiff-Appellee, v. BURLINGTON NORTHERN, INC., The Colorado and Southern Railway Company, Fort Worth and Denver Railway Company and Southern Pacific Transportation Company, Defendants-Appellants. SAN ANTONIO, TEXAS, Acting By and Through its CITY PUBLIC SERVICE BOARD, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Fifth Circuit. Unit A.

July 20, 1981.

Attorney(s) appearing for the Case

Paul M. Haygood, New Orleans, La., Thomas W. Merrill, Chicago, Ill., R. Eden Martin, Washington, D. C., Alan R. Post, Asst. Gen. Sol., Burlington Northern, St. Paul, Minn. Stuart E. Vaughn, San Francisco, Cal., for defendants-appellants.

Slover & Loftus, William L. Slover, C. Michael Loftus, Washington, D. C., J. David Forsyth, Cicero C. Sessions, New Orleans, La., for plaintiff-appellee.

Stuart Fryer, Asst. Atty. Gen., Austin, Tex., for intervenor, state of Texas.

Timm Abendroth, I.C.C., Washington, D. C., Kenneth P. Kolson, John J. Powers, III, Dept. of Justice, Washington, D. C., for respondents.

Before BROWN, POLITZ and TATE, Circuit Judges.

BY THE COURT:

IT IS ORDERED that the motion of San Antonio, Texas, appellee-petitioner, for clarification of the Court's decision of June 19, 1981, is GRANTED and the clarification is filed simultaneously herewith.

IT IS FURTHER ORDERED that the motion of San Antonio, Texas, appellee-petitioner, for stay of mandate and enlargement of time for the filing of a petition for rehearing for a period of 14 days from the Court's disposition of the petition for clarification...

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