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SEABOARD SYSTEM R.R. v. I.C.C.

No. 86-3449.

827 F.2d 699 (1987)

SEABOARD SYSTEM RAILROAD, Plaintiff-Counter-defendant-Appellee, v. INTERSTATE COMMERCE COMMISSION, United States of America, Defendants-Counter-claim-Appellants.

United States Court of Appeals, Eleventh Circuit.

September 15, 1987.

Attorney(s) appearing for the Case

Barbara J. Welsch, Chicago, Ill., for I.C.C.

Mary T. Koehmstedt, Leonard Schaitman, Dept. of Justice/Civ. Div., Washington, D.C., for I.C.C. & U.S.

James F. Moseley, Taylor, Moseley & Joyner, Jacksonville, Fla., Fred R. Birkholz, Baltimore, Md., for Seaboard System R.R.

Before FAY and CLARK, Circuit Judges, and HENDERSON, Senior Circuit Judge.

CLARK, Circuit Judge:

The Interstate Commerce Commission (ICC) appeals from the district court's order enjoining it from obtaining records requested from Seaboard System Railroad, Inc. (Seaboard). Finding that the district court erroneously interpreted the scope of the ICC's summary inspection power under 49 U.S.C. § 11144 (1982),1 we reverse the decision below.

The facts of this case are not complex. In October, 1985, the...

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