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AMERICAN TRAIN DISPATCHERS ASS'N v. I. C. C.

Nos. 80-1376, 80-2508.

671 F.2d 580 (1982)

AMERICAN TRAIN DISPATCHERS ASSOCIATION, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Soo Line Railroad Company, et al., Intervenor. AMERICAN TRAIN DISPATCHERS ASSOCIATION, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Union Pacific Railroad Company, et al., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 16, 1982.

Attorney(s) appearing for the Case

Gordon P. MacDougall, Washington, D.C., for petitioner.

Timm L. Abendroth, Atty., I. C. C., of the bar of the Supreme Court of Wisconsin, Washington, D.C., pro hac vice by special leave of the Court with whom Richard A. Allen, Gen. Counsel, I. C. C., Henry F. Rush, Associate Gen. Counsel, I. C. C., John J. Powers, III and Frederic Freilicher, Attys., Dept. of Justice, Washington, D.C., were on the brief for respondents.

Byron D. Olsen with whom Christopher A. Mills was on the brief for intervenors, Soo Line Railroad Company et al. in 80-1376.

Mark A. Kalafut and W. Donald Boe, Jr., were on the brief for intervenors, Union Pacific Railroad Co. et al. in 80-2508.

Before WRIGHT, MacKINNON and ROBB, Circuit Judges.

Opinion PER CURIAM.

Opinion concurring in part and dissenting in part filed by Circuit Judge J. SKELLY WRIGHT.

PER CURIAM:

Petitioner American Train Dispatcher Association seeks to set aside two decisions of the ICC in which the Commission found that two modifications designating different parties to assume existing functions under long existing joint trackage agreements between railroads do not require Commission approval under 49 U.S.C. § 11343...

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