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SOUTHERN PACIFIC TRANSP. CO. v. SAN ANTONIO, TEX.

No. 84-1059.

748 F.2d 266 (1984)

SOUTHERN PACIFIC TRANSPORTATION COMPANY, et al., Plaintiffs-Appellants Cross-Appellees, v. SAN ANTONIO, TEXAS, Acting By and Through its CITY PUBLIC SERVICE BOARD, Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

November 29, 1984.

Attorney(s) appearing for the Case

Sidley & Austin, Thomas W. Merrill, R. Eden Martin, Chicago, Ill., for plaintiffs-appellants cross-appellees.

Timm L. Abendroth, Atty., I.C.C., Washington, D.C., for intervenor-I.C.C.

Donald G. Avery, Kelvin J. Dowd, John H. LeSeur, William L. Slover, Washington, D.C., J. David Forsyth, New Orleans, La., for defendant-appellee cross-appellant.

Before GOLDBERG, REAVLEY and DAVIS, Circuit Judges.

GOLDBERG, Circuit Judge:

The opinion delivered on October 9, 1984 is withdrawn and is replaced by the following.

This action represents the latest stage in the long and exceedingly complex litigation between two railroads — Burlington Northern, Inc. ("Burlington Northern") and Southern Pacific Transportation Company ("Southern Pacific") — and the city of San Antonio, Texas. The railroads contracted with...

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