BURLINGTON N. R. CO. v. UNITED STATES

No. 83-1058.

731 F.2d 33 (1984)

BURLINGTON NORTHERN RAILROAD COMPANY, Petitioner, v. UNITED STATES of America and The Interstate Commerce Commission, Respondents, Baltimore and Ohio Railroad, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 6, 1984.


Attorney(s) appearing for the Case

Richard J. Schreiber, Chicago, Ill., with whom Michael L. Sazdanoff, Chicago, Ill., was on the brief, for petitioner.

Sidney L. Strickland, Jr., I.C.C., Washington, D.C., with whom John Broadley, Gen. Counsel, and Lawrence H. Richmond, Deputy Asst. Gen. Counsel, I.C.C., Washington, D.C., were on the brief, for respondents. Barry Grossman and John P. Fonte, Dept. of Justice, Washington, D.C., for respondent U.S. of America.

Charles C. Rettberg, Jr., Cleveland, Ohio, with whom Richard B. Allen and Harry N. Babcock, Cleveland, Ohio, were on the brief, for intervenors.

Before GINSBURG and BORK, Circuit Judges, and McGOWAN, Senior Circuit Judge.


Opinion for the Court filed by Senior Circuit Judge McGOWAN.

McGOWAN, Senior Circuit Judge:

Petitioner Burlington Northern Railroad (BN) seeks to overturn a decision of the Interstate Commerce Commission (ICC or Commission) discontinuing administrative complaint proceedings initiated by BN against the Baltimore and Ohio Railroad (B & O).1 In its complaint to the Commission, BN charged the B & O with (1) discrimination and...

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