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

No. 86-7384.

825 F.2d 238 (1987)

RAILWAY LABOR EXECUTIVES' ASSOCIATION, Petitioner, v. INTERSTATE COMMERCE COMMISSION, Respondent, Rarus Railway Corporation; Butte Anaconda & Pacific Railway Company, Intervenor, United States of America, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided August 18, 1987.

Attorney(s) appearing for the Case

John O'B. Clarke Jr., William G. Mahoney, and John J. Delaney, Washington, D.C. for petitioner.

Robert J. Corber, Washington, D.C. for intervenor-respondents.

Dennis J. Starks, Washington, D.C. for respondents.

Before POOLE and CANBY, Circuit Judges, and RAMIREZ, District Judge.

CANBY, Circuit Judge:

Railway Labor Executives' Association (RLEA) petitions for review of the Interstate Commerce Commission's decision not to impose labor protective conditions on the transfer of railroad property from the Butte, Anaconda & Pacific Railway Company (BAP) to the Rarus Railway Corporation (Rarus). RLEA argues that the ICC's decision not to impose labor protective conditions on the selling carrier, BAP, was arbitrary and capricious.

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