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UNITED TRANSP. UNION v. I.C.C.

No. 88-1773.

891 F.2d 908 (1989)

UNITED TRANSPORTATION UNION, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Association of American Railroads, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 28, 1989.

Attorney(s) appearing for the Case

Gordon P. MacDougall, for petitioner.

Evelyn G. Kitay, Atty., I.C.C., with whom Robert S. Burk, General Counsel, Henri F. Rush, Deputy General Counsel, I.C.C., James F. Rill, Asst. Atty. Gen., Catherine G. O'Sullivan, Atty., Dept. of Justice, Washington, D.C., were on the joint brief, for respondents.

Kenneth P. Kolson, Vienna, Va. and Dennis W. Wilson were on the brief, for intervenor. G. Paul Moates, Washington, D.C., David M. Levy and J. Thomas Tidd, Washington, D.C., also entered appearances for intervenor.

Before RUTH BADER GINSBURG, SILBERMAN and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

Opinion concurring in denying the petition for review filed by Circuit Judge RUTH BADER GINSBURG.

SILBERMAN, Circuit Judge:

This is a petition brought by the United Transportation Union ("UTU"),1 seeking review of the Interstate Commerce Commission's ("ICC") decision to adopt a rule that exempts the officers and directors of certain rail carriers from obtaining prior...

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