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NORFOLK & WESTERN R. CO. v. AMERICAN TRAIN DISPATCHERS' ASS'N

No. 89-1027.

499 U.S. 117 (1991)

NORFOLK & WESTERN RAILWAY CO. ET AL. v. AMERICAN TRAIN DISPATCHERS' ASSOCIATION ET AL.

Supreme Court of the United States.

Decided March 19, 1991.

Attorney(s) appearing for the Case

Jeffrey S. Berlin argued the cause for petitioners in both cases. With him on the briefs for petitioners in No. 89-1027 were Mark E. Martin and William P. Stallsmith, Jr. James S. Whitehead, Nicholas S. Yovanovic, and James D. Tomola filed briefs for petitioner in No. 89-1028.

Jeffrey S. Minear argued the cause for the federal respondents in support of petitioners in both cases pursuant to this Court's Rule 12.4. On the briefs were Acting Solicitor General Roberts, Deputy Solicitor General Shapiro, Lawrence S. Robbins, Robert S. Burk, Henri F. Rush, and John J. McCarthy, Jr.

William G. Mahoney argued the cause for the union respondents in both cases. With him on the brief was John O'B. Clarke, Jr.†

JUSTICE KENNEDY delivered the opinion of the Court.

The Interstate Commerce Commission has the authority to approve rail carrier consolidations under certain conditions. 49 U. S. C. § 11301 et seq. A carrier in an approved consolidation "is exempt from the antitrust laws and from all other law, including State and municipal law, as necessary to let [it] carry out the transaction . . . ." § 11341(a). These...

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