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BROTHERHOOD OF LOCOMOTIVE ENGINEERS v. I.C.C.

No. 88-2120.

885 F.2d 446 (1989)

BROTHERHOOD OF LOCOMOTIVE ENGINEERS and Ronald L. Hall, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents. Burlington Northern Railroad Company, Intervenor.

United States Court of Appeals, Eighth Circuit.

Decided September 13, 1989.

Attorney(s) appearing for the Case

Harold A. Ross, Cleveland, Ohio, for petitioners.

Laurence H. Schecker, I.C.C., Washington, D.C., for appellee.

Thomas J. Knapp, Fort Worth, Tex., for Burlington Northern.

Before LAY, Chief Judge, ARNOLD and BOWMAN, Circuit Judges.

LAY, Chief Judge.

The ICC approved the merger of Burlington Northern (BN) and the St. Louis — San Francisco Railway (Frisco) in March of 1980. Burlington Northern, Inc. — Control and Merger — St. Louis-San Francisco Ry., 360 I.C.C. 784, 965-67 (1980), aff'd sub nom. Missouri-Kansas-Texas R.R. v. United States, 632 F.2d 392 (5th Cir.1980), cert. denied...

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