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  5. 749 F.2d 1144 (1985)
 

STATE OF TEX. v. UNITED STATES

Nos. 83-4318, 83-4542.

749 F.2d 1144 (1985)

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

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 27, 1985.

Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen. of Tex., Walter D. Davis, David R. Richards, James R. Meyers, Asst. Attys. Gen., Austin, Tex., for petitioner.

William French Smith, Atty. Gen., John P. Fonte, John J. Powers, III, U.S. Dept. of Justice, John Broadley, Gen. Counsel, H. Glenn Scammel, Ernest B. Abbott, Attys., I.C.C., Washington, D.C., for respondents.

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

Hugh L. McCulley, Houston, Tex., for intervenor Southern Pacific Trans. Co.

Before RUBIN, JOHNSON, and DAVIS, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 27, 1985.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion April 23, 5 Cir., 1984, 730 F.2d 409)

ALVIN B. RUBIN, Circuit Judge:

Having fully considered the application for rehearing en banc filed jointly by Interstate Commerce Commission and the United States, the court withdraws Part IV of...

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