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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