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KANSAS CITY SOUTHERN INDUSTRIES, INC. v. I.C.C.

Nos. 88-4626, 88-4706.

902 F.2d 423 (1990)

KANSAS CITY SOUTHERN INDUSTRIES, INC., The Kansas City Southern Railway Co., and Louisiana & Arkansas Railway Co., Petitioners, v. INTERSTATE COMMERCE COMMISSION, and United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

June 7, 1990.

Attorney(s) appearing for the Case

Robert K. Dreiling, Kansas City, Mo., Michael A. Patterson, Long Law Firm, Baton Rouge, La., Morris Raker, Sullivan & Worcester, Boston, Mass., for petitioners.

John P. Fonte, Catherine G. O'Sullivan, Richard Thornburgh, Atty. Gen., Dept. of Justice, Washington, D.C., for the U.S.

Laurence H. Schecker, Robert S. Burk, Gen. Counsel, I.C.C., Washington, D.C., for the I.C.C.

Before JOHNSON, WILLIAMS and GARWOOD, Circuit Judges.

GARWOOD, Circuit Judge:

Pursuant to 28 U.S.C. §§ 2321(a), 2341(3)(A), and 2344, petitioners Kansas City Southern and its affiliates (Kansas City Southern) seek review of the approval of the merger application of Rio Grande Industries, Inc. and its affiliates (Rio Grande) and related decisions by respondent the Interstate Commerce Commission (ICC). Kansas City Southern claims that the ICC erred by failing to conform to various statutory mandates for evaluating...

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