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INTERNATIONAL BROTH. OF TEAMSTERS v. I.C.C.

Nos. 85-1397, 85-1404.

801 F.2d 1423 (1986)

INTERNATIONAL BROTHERHOOD OF TEAMSTERS, et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Norfolk Southern Corporation and North American Van Lines, Inc., Intervenors. Patrick W. SIMMONS, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Norfolk Southern Corporation and North American Van Lines, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 30, 1986.

Attorney(s) appearing for the Case

James van R. Springer, with whom Robert J. Higgins, Joan M. Darby, Howard N. Feldman and Kevin M. Williams, Washington, D.C., were on the brief for petitioners in No. 85-1397.

Gordon P. MacDougall, Washington, D.C., was on the brief for petitioner in No. 85-1404.

Lawrence H. Schecker, Atty., I.C.C., with whom Robert S. Burk, Gen. Counsel, John J. McCarthy, Jr., Deputy Associate Gen. Counsel, I.C.C., John J. Powers, III and John P. Fonte, Washington, D.C., Attys., Dept. of Justice were on the brief for respondents in Nos. 85-1397 and 85-1404.

L. John Osborn, with whom Eugene T. Liipfert, Fritz R. Kahn, Mark J. Andrews and Thomas E. Acey, Jr., Washington, D.C., were on the brief for intervenors, Norfolk Southern Corp. and North American Van Lines, Inc., in Nos. 85-1397 and 85-1404.

Before STARR, SILBERMAN and BUCKLEY, Circuit Judges.

Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

This case calls upon us to review the Interstate Commerce Commission's decision to approve the acquisition of North American Van Lines, Inc. by Norfolk Southern Corporation. The principal issue raised by the petitions for review is whether the ICC's decision was premised on an impermissible construction of the statutory provision which governs...

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