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UNITED STATES v. MITSUBISHI INTERN. CORP.

Nos. 81-1170, 81-1202 and 81-1203.

677 F.2d 785 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. MITSUBISHI INTERNATIONAL CORPORATION, Union Pacific Railroad, and Burlington Northern, Inc., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 20, 1982.

Attorney(s) appearing for the Case

James R. Mitchell, Masuda, Funai, Eifest & Mitchell, Chicago, Ill. (Louis D. Peterson, Hillis, Phillips, Cairncross, Clark & Martin, Seattle, Wash., on brief), Albert R. Malanca, Gordon, Thomas, Honeywell, Malanca, Peterson & O'Hern, Tacoma, Wash., George C. Inman, Jr., Seattle, Wash., for defendants-appellants.

James R. Moore, Asst. U. S. Atty., Seattle, Wash., for plaintiff-appellee.

Before HUG and FARRIS, Circuit Judges, and WATERS, District Judge.

HUG, Circuit Judge:

Mitsubishi International Corporation ("Mitsubishi"), Union Pacific Railroad ("Union Pacific"), and Burlington Northern, Inc. ("Burlington Northern") were indicted for numerous violations of the Elkins Act ("Act"), formerly 49 U.S.C. § 41(1) (now codified at 49 U.S.C. §§ 11903 and 11915). These were violations of railroad freight tariffs that resulted in special favorable treatment for Mitsubishi. Each pleaded guilty to violating...

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