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BURLINGTON NORTHERN R. CO. v. PUC OF TEXAS

No. 86-1463.

812 F.2d 231 (1987)

BURLINGTON NORTHERN RAILROAD COMPANY, and Kansas City Southern Railway Company, Plaintiffs-Appellees, v. PUBLIC UTILITY COMMISSION OF TEXAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 8, 1987.

Attorney(s) appearing for the Case

Steven Baron, Stephen J. Davis, Asst. Attys. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for defendant-appellant.

Phyllis B. Schunck, Austin, Tex., for plaintiffs-appellees.

Before REAVLEY and RANDALL, Circuit Judges, and MAHON, District Judge.

Rehearing and Rehearing En Banc Denied April 8, 1987.

REAVLEY, Circuit Judge:

The Public Utility Commission of Texas (PUC) wishes to make public disclosure of rail contracts entered into by the utility companies it regulates. The railroads object, claiming federal law preempts the PUC's ability to do so. The district court agreed with the railroads and entered summary judgment in their favor. We reverse.

I

The PUC is charged with regulating...

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