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BROTH. OF RY. & AIRLINE v. BURLINGTON NORTHERN

No. 81-1661.

671 F.2d 1085 (1982)

BROTHERHOOD OF RAILWAY AND AIRLINE CLERKS, CONSOLIDATED SYSTEM BOARD OF ADJUSTMENT 46; Brotherhood of Railway Carmen, Burlington Northern Joint Protective Board; Allied Services Division, Brotherhood of Railway and Airline Clerks; Brotherhood of Railway Signalmen; General Committee of Adjustment, United Transportation Union No. 386, Burlington Northern Inc.; Yardmasters of America; Brotherhood of Locomotive Engineers, Burlington Northern Inc.; and International Brotherhood of Electrical Workers, Petitioners, v. BURLINGTON NORTHERN INC. and United States of America, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided February 17, 1982.

Attorney(s) appearing for the Case

DeParco, Anderson, Perl, Hunegs & Rudquist, P.A., Patrick J. Foley (argued), Minneapolis, Minn., for petitioners.

Frank S. Farrell, St. Paul, Minn., Louis A. Harris, Seattle, Wash., Robert T. Beam, Martin M. Lucente (argued), Thomas J. Gregg, Kirk B. Johnson, Chicago, Ill., for Burlington Northern Inc.

Richard A. Allen, Gen. Counsel, Henri F. Rush, Associate Gen. Counsel, Lawrence H. Richmond (argued), I. C. C., Washington, D. C., for respondents.

Before LAY, Chief Judge, and HENLEY and ARNOLD, Circuit Judges.

ARNOLD, Circuit Judge.

This is a petition for review of a decision of the Interstate Commerce Commission. On April 30, 1981, several labor unions representing Burlington Northern employees filed a petition with the Interstate Commerce Commission requesting that Burlington Northern Inc. (BN), then a common carrier, be prevented from transforming itself into a holding company. The request was based, in part, on the allegation that BN had misled the Commission in an...

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