BROTH. OF RY. & AIRLINE CLERKS v. BURLINGTON NORTHERN

No. 83-1471.

722 F.2d 380 (1983)

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 December 1, 1983.


Attorney(s) appearing for the Case

Louis A. Harris, Seattle, Wash., Martin M. Lucente, Kirk B. Johnson, Sidley & Austin, Chicago, Ill., for Burlington Northern Inc.

Richard A. Allen, Gen. Counsel, Lawrence H. Richmond, Atty., I.C.C., Washington, D.C., for I.C.C.

William F. Baxter, Asst. Atty. Gen., John J. Powers, III, John P. Fonte, Attys., Dept. of Justice, Washington, D.C., John H. Broadley, Gen. Counsel, Robert S. Burk, Deputy Gen. Counsel, Lawrence H. Richmond, Deputy Associate Gen. Counsel, I.C.C., Washington, D.C. for I.C.C. and U.S.

Patrick J. Foley, DeParcq, Anderson, Perl, Hunegs & Rudquist, P.A., Minneapolis, Minn., for petitioners.

Before ROSS, Circuit Judge, HENLEY, Senior Circuit Judge, and McMILLIAN, Circuit Judge.


HENLEY, Senior Circuit Judge.

This is a petition to review a decision of the Interstate Commerce Commission. In response to a remand order issued in an earlier opinion, the Commission found that Burlington Northern Inc. (BN) was not in "control" of various terminal and switching companies in which it holds an ownership interest. Therefore, the Commission denied the petitions to investigate BN's formation of a holding company. The principal issue on appeal is whether...

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