SOUTHERN PACIFIC TRANSP. CO. v. I.C.C.

Nos. 82-2253, 82-2323, 82-2342, 82-2370, 82-2371, 82-2418, 82-2430 and 82-2479.

736 F.2d 708 (1984)

SOUTHERN PACIFIC TRANSPORTATION COMPANY and St. Louis Southwestern Railway Company, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Denver & Rio Grande Western Railroad Company, Atchison, Topeka & Santa Fe Railway Company, Union Pacific Corporation, et al., and Chicago & North Western Transportation Company, Intervenors. DENVER & RIO GRANDE WESTERN RAILROAD COMPANY, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Chicago & North Western Transportation Company, Intervenor. Edward K. WHEELER, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Chicago & North Western Transportation Company, Intervenor. KANSAS CITY SOUTHERN RAILWAY COMPANY and Louisiana & Arkansas Railway Company, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Chicago & North Western Transportation Company, Union Pacific Railroad Company, Denver & Rio Grande Western Railroad Company, Atchison, Topeka & Santa Fe Railway Company, Southern Pacific Transportation Company, and St. Louis Southwestern Railway Company, Intervenors. ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Union Pacific Railroad Company, et al., Denver & Western Railroad Company, and Chicago & North Western Transportation Company, Intervenors. BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES, Brotherhood of Railway Signalmen, Brotherhood of Railway & Airline Clerks, International Association of Machinists & Aerospace Workers, and United Transportation Union, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Union Pacific Railroad Company, et al., and Chicago & North Western Transportation Company, Intervenors. ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Union Pacific Railroad Company, et al., and Denver & Rio Grande Western Railroad Company, Intervenors. AMERICAN TRAIN DISPATCHERS ASSOCIATION, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Chicago & North Western Transportation Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 22, 1984.


Attorney(s) appearing for the Case

Richard L. Dashefsky, Washington, D.C., for petitioners in No. 82-2253. William R. Hyde, Jr., Robert C. Eager, and Peter Sullivan, Washington, D.C., entered appearances for petitioners in No. 82-2253.

John H. Caldwell, Washington, D.C., with whom Kendall T. Sanford, Denver, Colo., and Denise M. O'Brien, Washington, D.C., were on the brief, for petitioner in No. 82-2323, and intervenor in Nos. 82-2371 and 82-2430. John G. DeGooyer, Washington, D.C., entered an appearance for petitioner in No. 82-2323.

Richard H. Streeter, Washington, D.C., for petitioner in No. 82-2342. Edward K. Wheeler, Washington, D.C., entered an appearance for petitioner in No. 82-2342.

Joseph Auerbach, Boston, Mass., for petitioners in No. 82-2370. Haywood H. Hillyer, Jr., New Orleans, La., David M. Schwartz, Robert L. Calhoun, and Morris Raker, Boston, Mass., entered appearances for petitioners in No. 82-2370.

Dennis W. Wilson, Chicago, Ill., with whom Milton E. Nelson, Jr., and Robert R. Cowell, Chicago, Ill., were on the brief, for petitioner in Nos. 82-2371 and 82-2430. Richard E. Weicher, Chicago, Ill., entered an appearance for petitioner in No. 82-2371.

John O'B. Clarke, Jr., Washington, D.C., with whom Kimberly A. Madigan, Washington, D.C., was on the brief, for petitioner in No. 82-2418.

Gordon P. MacDougall, Washington, D.C., was on the brief for petitioner in No. 82-2479.

Henri F. Rush, Associate Gen. Counsel, I.C.C., Interstate Commerce Commission, Washington, D.C., with whom John Broadley, Gen. Counsel, and Laurence H. Schecker and John J. McCarthy, Jr., Attys., I.C.C., John J. Powers, III, and Neil R. Ellis, Attys., Dept. of Justice, Washington, D.C., were on the joint brief, for respondents. Nancy C. Garrison and Kenneth P. Kolson, Attys., Dept. of Justice, Washington, D.C., entered appearances for respondents.

Fritz R. Kahn, William C. Evans, L. John Osborn and Elizabeth A. Campbell, Washington, D.C., were on the brief for intervenor Chicago & North Western Transp. Co.

M. Lauck Walton, New York City, was on the brief for intervenors Missouri Pacific Corp. and Missouri Pacific R. Co.

Charles A. Miller, Joanne B. Grossman and Gregg H. Levy, Washington, D.C., were on the brief for intervenors Union Pacific Corp., et al.

Walter G. Treanor, Sacramento, Cal., entered an appearance for intervenor Western Pacific R. Co.

Before WRIGHT, MIKVA and BORK, Circuit Judges.


Opinion PER CURIAM.

PER CURIAM.

The Interstate Commerce Commission decision that gives rise to these appeals responds to applications seeking authority for the Union Pacific Corporation (UPC) and its subsidiaries to acquire and exercise control over Missouri Pacific Corporation (MPC) and its carrier subsidiaries, and over Western Pacific Railroad Company (WP) and its carrier subsidiaries. Under the proposed consolidations the existing railroads and holding...

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