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RAILWAY LABOR EXECUTIVES' ASS'N v. UNITED STATES

No. 81-1355.

697 F.2d 285 (1983)

RAILWAY LABOR EXECUTIVES' ASSOCIATION, Petitioner, v. UNITED STATES of America and the Interstate Commerce Commission, Respondents, The Durango & Silverton Narrow Gauge Railroad Company, Intervenor.

United States Court of Appeals, Tenth Circuit.

January 11, 1983.

Attorney(s) appearing for the Case

John O'B. Clarke, Jr. of Highsaw & Mahoney, P.C., Washington, D.C. (William J. Donlon, Jr., Thornton, Colo., with him on the brief), for petitioner.

Evelyn G. Kitay, Atty., Interstate Commerce Commission, Washington, D.C. (Richard A. Allen, Gen. Counsel, Henri F. Rush, Associate Gen. Counsel, Interstate Commerce Commission, William F. Baxter, Asst. Atty. Gen., John J. Powers, III and James H. Laskey, Attys., Dept. of Justice, Washington, D.C., with her on the brief), for respondents.

Edward T. Lyons, Jr. of Jones, Meiklejohn, Kehl & Lyons, Denver, Colo., for intervenor.

Before SETH, Chief Judge, and McWILLIAMS and SEYMOUR, Circuit Judges.

PER CURIAM.

The Durango & Silverton Narrow Gauge Railroad Company, a newly formed corporation with no employees and not yet engaged in the railroad business (a "non-carrier"), entered into an agreement to buy the Silverton Branch from the D & RG Railroad. This purchase and sale was of the assets only — the tangibles — and was approved by the Interstate Commerce Commission in Finance Docket No. 29096, 363 I.C.C. 292 (1979) (the Acquisition Case...

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