Opinion for the Court filed by Circuit Judge WALD.
Dissenting opinion filed by District Judge HAROLD H. GREENE.
WALD, Circuit Judge:
CSX Corp. (which operates a railroad) agreed to acquire by tender offer Texas Gas Resources Corp. (Texas Gas), which in turn owns American Commercial Barge Lines, Inc. (which operates a barge line). Water Transport Association (WTA), an organization of barge operators, asked the Interstate Commerce Commission (ICC or...
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