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STATE OF TEX. v. UNITED STATES

No. 83-4318.

730 F.2d 409 (1984)

STATE OF TEXAS, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

April 23, 1984.

Attorney(s) appearing for the Case

Walter Davis, Asst. Atty. Gen., Austin, Tex., for petitioner.

John P. Fonte, John J. Powers, III, H. Glenn Scammel, Ernest B. Abbott, I.C.C., Dept. of Justice, Washington, D.C., for respondents.

Megan K. Ricke, Peter Mark Lee, St. Paul, Minn., for Burlington Northern, intervenor.

Before RUBIN, JOHNSON and DAVIS, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The State of Texas challenges the ICC requirement that it approve a tariff for intrastate contract carriage of wheat by rail that does not disclose the rate to be charged. Texas contends that the rate is an essential term of the contract and that disclosure of such an essential term is required by statute. It also seeks review of the ICC order putting the tariff into effect on various other grounds. We conclude that the ICC order was...

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