WESTERN PACIFIC STOCKHOLDERS' PROT. COMMITTEE v. I.C.C.

No. 87-1145.

848 F.2d 1301 (1988)

WESTERN PACIFIC STOCKHOLDERS' PROTECTIVE COMMITTEE, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Union Pacific, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 10, 1988.


Attorney(s) appearing for the Case

Edward K. Wheeler, with whom Richard H. Streeter, Washington, D.C., was on the brief, for petitioner.

John J. McCarthy, Jr., Deputy Associate General Counsel, I.C.C., with whom Robert S. Burk, General Counsel, I.C.C., Henri F. Rush, Deputy General Counsel, I.C.C., John J. Powers, III and David Seidman, Dept. of Justice, Washington, D.C., were on the brief, for respondents.

Charles A. Miller, Joanne B. Grossman and James V. Dolan, Washington, D.C., were on the brief, for intervenor, Union Pacific Corp. and Union Pacific R. Co.

Before STARR and SILBERMAN, Circuit Judges, and HAROLD H. GREENE, Judge, United States District Court for the District of Columbia.


Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

In 1982 the ICC, pursuant to 49 U.S.C. § 11344(b) (1982), approved a proposed merger between a subsidiary of Union Pacific Corporation (UPC) and Western Pacific Railroad Company (WP). See Union Pacific — Control — Missouri Pacific; Western Pacific, 366 I.C.C. 459. The merger, which was effectuated the following year, involved two steps. UPC acquired...

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