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UNITED TRANSP. UNION v. U.S.

Nos. 89-1216, 89-1662.

905 F.2d 463 (1990)

UNITED TRANSPORTATION UNION, Petitioner, v. UNITED STATES of America, Interstate Commerce Commission, Respondents, Norfolk Southern Corporation, et al., Illinois Central Railroad Company, Intervenors. UNITED TRANSPORTATION UNION, Petitioner, v. UNITED STATES of America, Interstate Commerce Commission, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 15, 1990.

Attorney(s) appearing for the Case

Gordon P. MacDougall and William G. Mahoney, Washington, D.C., for petitioner in Nos. 89-1216 and 89-1662.

Laurence H. Schecker, Atty., I.C.C., with whom Robert S. Burk, Gen. Counsel, and Henri F. Rush, Deputy Gen. Counsel, I.C.C., Washington, D.C., were on the brief, for respondent I.C.C. Robert J. Wiggers, John J. Powers III and Andrea Limmer, Attys., U.S. Dept. of Justice, Washington, D.C., entered appearances, for respondent U.S.

Jeffrey S. Berlin, Washington, D.C., with whom W.P. Stallsmith, Jr., Atlanta, Ga., and R.J. Cooney, Norfolk, Va., for Norfolk Southern Corp. et al., Robert H. Wheeler and William C. Sippel, Chicago, Ill., for Illinois Central R. Co., were on the joint brief, for intervenors.

Before EDWARDS, SENTELLE and THOMAS, Circuit Judges.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

This case presents challenges by the United Transportation Union ("UTU") to two orders of the Interstate Commerce Commission ("ICC" or "Commission"). One of the Commission's orders approved an agreement between Illinois Central Railroad ("Illinois Central") and Southern Railway Company ("Southern"), in which Southern acquired from Illinois Central a stretch of line...

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