MOBIL OIL CORPORATION, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
Chicago and North Western Transportation Company, et al., State of Texas, Western Fuels Association, Inc., Burlington Northern Railroad Company, Union Pacific Railroad Company, Sunoco Energy Development Company, Intervenors.
WYOBRASKA LANDOWNERS ASSOCIATION, et al., Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
Union Pacific Railroad Company, Chicago and North Western Transportation Co., State of Texas, Sunoco Energy Development Company, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 24, 1982.
Decided July 22, 1982.
Attorney(s) appearing for the Case
Bruce J. Terris, Washington, D. C., with whom Nathalie V. Black, Washington, D. C., was on the brief, for Wyobraska Landowners Ass'n, et al., petitioners in No. 81-2038.
David Sutherland, Washington, D. C., with whom Everett Hutchinson and Richard G. Lepley, Washington, D. C., were on the brief, for Mobil Oil Corp., petitioner in No. 81-2037.
John J. McCarthy, Jr., Atty., I. C. C., Washington, D. C., with whom Robert S. Burk, Acting General Counsel, Kenneth P. Kolson, John J. Powers, III and Barry Grossman, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondents. Ellen K. Schall, Atty., I. C. C., Washington, D. C., also entered an appearance for respondent I. C. C.
Fritz R. Kahn, Washington, D. C., with whom Thomas E. Acey, Jr., John Osborn, Washington, D. C., and Christopher A. Mills, Chicago, Ill., were on the brief, for Chicago and North Western Transp. Co., et al., intervenors in Nos. 81-2037 and 81-2038.
Mark White, Atty. Gen., State of Texas, Austin, Tex., for State of Texas, intervenor in Nos. 81-2037 and 81-2038.
Dennis G. Lyons and Richard S. Ewing, Washington, D. C., were on the briefs, for Sunoco Energy Development Co., intervenor in Nos. 81-2037 and 81-2038.
Robert B. Batchelder, Omaha, Neb., was on the brief for Union Pacific R. R. Co., intervenor in Nos. 81-2037 and 81-2038.
Curtis H. Berg, St. Paul, Minn., Charles H. White, Jr. and Steven A. Lauer, Washington, D. C., were on the brief, for Burlington Northern R. R. Co., intervenor in No. 81-2037.
Edward Weinberg and Charles F. Holum, Washington, D. C., were on the brief, for Western Fuels Ass'n, Inc., intervenor in No. 81-2037.
Before TAMM, MacKINNON and ROBB, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge MacKINNON.
MacKINNON, Circuit Judge:
Two railroads, the Burlington Northern, Inc. (Burlington) and the Chicago and North Western Transportation Company (North Western), were authorized jointly in a 1976 decision (1976 Decision) of the Interstate Commerce Commission (the Commission) to construct and operate a "joint line" of track from the southern terminus of Burlington...
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