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MINNESOTA TRANSP. REGULATION BD. v. U.S.

No. 91-2650.

966 F.2d 335 (1992)

MINNESOTA TRANSPORTATION REGULATION BOARD, Petitioner, v. UNITED STATES of America and the Interstate Commerce Commission, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided May 22, 1992.

Attorney(s) appearing for the Case

Margaret Eileen Hendriksen, St. Paul, Minn., argued (Hubert H. Humphrey III and Margaret Eileen Hendriksen, on the brief), for petitioner.

Michael Martin, Washington, D.C., argued (James F. Rill, Robert B. Nicholson, James W. Lowe, Robert S. Burke, Craig M. Keats and Michael Martin, on the brief), for respondents.

Before McMILLIAN and HANSEN, Circuit Judges, and VAN SICKLE, Senior District Judge.

McMILLIAN, Circuit Judge.

The Minnesota Transportation Regulation Board (MTRB) appeals from a decision of the Interstate Commerce Commission (ICC) exempting from regulation a transaction between Herman Brothers, Inc. (Herman) and Thompson Truck Line, Inc. (Thompson). Herman Bros., Inc. — Purchase Exemption — Thompson Truck Line, Inc., 7 I.C.C.2d 382 (1991). For reversal, the MTRB argues that the ICC abused its discretion in (1) interpreting 49...

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