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WINTER v. I.C.C.

No. 86-1704.

828 F.2d 1320 (1987)

M.M. WINTER, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Burlington Northern Railroad Company, Intervenor-Respondent.

United States Court of Appeals, Eighth Circuit.

Decided September 16, 1987.

Attorney(s) appearing for the Case

Gordon P. MacDougall, Washington, D.C., for petitioner.

John J. McCarthy, Jr., Washington, D.C., for respondents.

Peter M. Lee, Fort Worth, Tex., for intervenor-respondent.

Before ARNOLD and WOLLMAN, Circuit Judges, and BOGUE, Senior District Judge.

WOLLMAN, Circuit Judge.

This is a petition to review a decision of the Interstate Commerce Commission granting Dakota Rail, Inc. (DRI) an exemption from the regulatory requirements under the Interstate Commerce Act, 49 U.S.C. § 10901, with respect to DRI's operation of a 43.66 mile railroad line between Hutchinson and Wayzata, Minnesota (the "Hutchinson line"). Dakota Rail, Inc. — Petition for Exemption From...

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