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BURLINGTON NORTHERN v. NORTHWESTERN STEEL & WIRE

Nos. 83-1321, 85-2523.

794 F.2d 1242 (1986)

BURLINGTON NORTHERN, INC., Plaintiff, v. NORTHWESTERN STEEL & WIRE CO., Defendant-Petitioner-Appellant, v. INTERSTATE COMMERCE COMMISSION, Respondent-Appellee. BURLINGTON NORTHERN, INC., a corporation, Plaintiff-Appellee, v. NORTHWESTERN STEEL & WIRE CO., a corporation, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 7, 1986.

As Amended July 11, 1986.

Rehearing and Rehearing Denied August 13, 1986.

Attorney(s) appearing for the Case

Abraham A. Diamond, Chicago, Ill., for Northwestern Steel & Wire Co.

Laurence H. Schecker, I.C.C., Washington, D.C., for I.C.C.

Barry N. Gutterman, Burlington Northern RR Co., Chicago, Ill., for Burlington Northern, Inc.

Before CUMMINGS, Chief Judge, CUDAHY and EASTERBROOK, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 13, 1986.

CUDAHY, Circuit Judge.

Burlington Northern, Inc. ("Burlington Northern") and Northwestern Steel & Wire Co. ("Northwestern Steel") disputed rail charges for services performed between 1977 and 1979. Burlington Northern filed a complaint in the District Court for the Northern District of Illinois to collect the contested funds. That case was referred to the Interstate Commerce Commission (the "ICC"...

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