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UNION PAC. R. CO. v. UNITED STATES

Nos. 79-1840, 79-2059 and 79-2218.

637 F.2d 764 (1981)

UNION PACIFIC RAILROAD COMPANY, Petitioner in No. 79-1840, Utah Railway Company, Petitioner in No. 79-2059, Nevada Power Company, Petitioner in No. 79-2218, v. The UNITED STATES of America and The Interstate Commerce Commission, Respondents, Union Pacific Railroad Company, Utah Railway Company, and Nevada Power Company, Intervenors.

United States Court of Appeals, Tenth Circuit.

Decided January 8, 1981.

Attorney(s) appearing for the Case

R. Eden Martin, Washington, D. C. (John Will Ongman and David M. Levy, Washington, D. C., J. Thomas Greene and John A. Beckstead, Salt Lake City, Utah, John J. Mullins, Jr., Denver, Colo., Robert B. Batchelder, Omaha, Nebraska, Callister, Greene & Nebeker, Salt Lake City, Utah, Gorsuch, Kirgis, Campbell, Walker & Grover, Denver, Colo., and Sidley & Austin, Washington, D. C., with him on brief and of counsel), for Union Pac. Railroad Co. and Utah R. Co., petitioners.

James W. Lawson, Washington, D. C. (Bernard J. Hasson, Jr., Washington, D. C., M. Gene Matteucci, Las Vegas, Nev., and Robert Lee Kessler, Denver, Colo., with him on brief), for Nevada Power Co., petitioner.

James H. Laskey, Washington, D. C. (John J. Powers, III, Atty., Dept. of Justice and Sanford M. Litvack, Asst. Atty. Gen., Washington, D. C., with him on brief), for U. S., respondent.

Kathleen M. Dollar, Deputy Associate Gen. Counsel, Washington, D. C. (Richard A. Allen, Gen. Counsel and Timm L. Abendroth, Atty., I. C. C., Washington, D. C., with her on brief), for I. C. C., respondent.

Before McWILLIAMS and BARRETT, Circuit Judges, and TEMPLAR, District Judge.

McWILLIAMS, Circuit Judge.

Each of these three petitions seeks review of an order of the Interstate Commerce Commission setting the rate which Union Pacific Railroad Company and Utah Railway Company may charge Nevada Power Company for transporting bituminous coal from Hiawatha, Utah to Moapa, Nevada. Jurisdiction is based on 28 U.S.C. § 2321(a) and § 2342, as amended. Nevada Power maintains a coal-burning station at Moapa, Nevada and purchases coal at two...

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