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SAN ANTONIO, TEX. v. BURLINGTON NORTHERN, INC.

Nos. 81-1150, 81-4141.

650 F.2d 49 (1981)

SAN ANTONIO, TEXAS, Acting By and Through Its 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 PUBLIC SERVICE BOARD, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Fifth Circuit. Unit A

June 19, 1981.

Attorney(s) appearing for the Case

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 Tex.

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

Before BROWN, POLITZ and TATE, Circuit Judges.

POLITZ, Circuit Judge:

This appeal presents the question whether the District Court for the Western District of Texas, San Antonio Division, had jurisdiction to order a preliminary injunction,1 enjoining appellant-railroads from putting into effect a tariff rate published with the Interstate Commerce Commission. We hold that it did not. In conjunction with this holding, we deny petitioner's motion to stay the Commission's order reported...

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