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BURLINGTON NORTHERN R. CO. v. DEPT. OF PUBLIC SERV.

No. 84-3941.

763 F.2d 1106 (1985)

BURLINGTON NORTHERN RAILROAD COMPANY, Plaintiff-Appellant, v. DEPARTMENT OF PUBLIC SERVICE REGULATION; Public Service Commission; Gordon E. Bollinger; Clyde E. Jarvis; Thomas E. Schneider; John Driscoll; and Howard Ellis, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 21, 1985.

Attorney(s) appearing for the Case

K. Kent Koolen, Burlington Northern R. Co., Billings, Mont., for plaintiff-appellant.

Opal Winebrenner, Helena, Mont., James L. Highsaw, Highsway & Mahoney, Washington, D.C., for defendants-appellees.

Before GOODWIN and SKOPIL, Circuit Judges, and VUKASIN, District Judge.

GOODWIN, Circuit Judge.

Burlington Northern Railroad Company appeals from a judgment for the Department of Public Service Regulation, in which the district court, on cross motions for summary judgment, upheld as constitutional a Montana statute requiring the railroad to maintain and staff certain freight offices in the state of Montana. We affirm.

Burlington Northern operates in Montana a railroad which is regulated by the Montana Public Service Commission...

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