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RAILWAY LABOR EXECUTIVES' ASS'N v. I.C.C.

No. 85-7115.

784 F.2d 959 (1986)

RAILWAY LABOR EXECUTIVES' ASSOCIATION, Petitioner, v. INTERSTATE COMMERCE COMMISSION, Respondent, Northwestern Pacific Railroad Co., Intervenor-Respondent.

United States Court of Appeals, Ninth Circuit.

Decided March 11, 1986.

As Amended May 9, 1986.

Attorney(s) appearing for the Case

John O'B. Clarke, Jr., Kimberly A. Madigan, Highsaw & Mahoney, P.C., Washington, D.C., for petitioner.

Robert S. Burk, Gen. Counsel, Henri F. Rush, Dep. Gen. Counsel, Richard J. Osterman, Jr., Atty., I.C.C., Charles F. Rule, Acting Asst. Atty. Gen., Catherine G. O'Sullivan, Frederic Freilicher, Atty., Dept. of Justice, Washington, D.C., for respondent.

Paul A. Cunningham, John F. DePodesta, Pepper, Hamilton & Scheetz, Washington, D.C., Thormund A. Miller, Robert A. Bogason, Gary A. Laakso, San Francisco, Cal., for intervenor Northwestern Pacific R. Co.

Bruce A. Cohen, Sander M. Bieber, Dechert, Price & Rhoads, Washington, D.C., for amici curiae Eureka Southern R. Co., Inc. and Northwest Pacific Acquiring Corp.

Before DUNIWAY, ANDERSON and PREGERSON, Circuit Judges.

PREGERSON, Circuit Judge.

After unsuccessfully attempting to abandon the Eel River railroad line ("line"), Northwestern Pacific Railroad Company sold its interests in the line to Eureka Southern Railroad Company and Northwestern Pacific Acquiring Corporation. The Railway Labor Executives' Association ("RLEA") appeals the refusal of the Interstate Commerce Commission ("ICC") to condition its approval of the sale on either the vendor or the acquirers paying financial...

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