BURLINGTON NORTHERN INC. et al., Petitioners,
v.
The UNITED STATES of America and Interstate Commerce Commission, Respondents,
Southwestern Electric Power Company, Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 16, 1982.
Decided March 12, 1982.
Attorney(s) appearing for the Case
Robert Eden Martin, Washington, D. C., with whom Howard J. Trienens, Chicago, Ill., Curtis H. Berg, St. Paul, Minn., Richard J. Metzger, Chicago, Ill., Richard E. Young, Washington, D. C., and Alan R. Post, St. Paul, Minn., were on the brief, for petitioners. John Will Ongman, Washington, D. C., entered an appearance for petitioners.
Kathleen Mary Dollar, Associate Gen. Counsel, I. C. C., Washington, D. C., with whom Richard A. Allen and Cecelia E. Higgins, Attys., I. C. C., and John J. Powers, III and Kenneth P. Kolson, Attys., Dept. of Justice, Washington, D. C., were on the briefs, for respondents. John Howard Broadley and Robert S. Burk, Attys., I. C. C., Washington, D. C., entered appearances for respondents.
John Michael Cleary, Frederic Loring Wood, and Nicholas James DiMichael, Washington, D. C., were on the brief for intervenor.
Before ROBINSON, Chief Judge, WRIGHT, Circuit Judge, and NORTHROP, Senior District Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion PER CURIAM.
PER CURIAM:
Burlington Northern Inc. (BN) appears before us on a petition for review of the decision of the Interstate Commerce Commission in Annual Volume Rates on Coal — Wyoming to Flint Creek, Arkansas (Flint Creek III), 364 ICC 753 (1981), which set a maximum reasonable rate, effective July 1, 1978, for coal shipments from Belle Ayr, Wyoming to the Southwestern Electric...
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