BURLINGTON NORTHERN RAILROAD COMPANY, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents,
McCarty Farms, Inc., et al., Intervenors.
McCARTY FARMS, INC., et al., Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents,
Burlington Northern Railroad Company, Intervenor.
BURLINGTON NORTHERN RAILROAD COMPANY, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents,
McCarty Farms, Inc., et al., Intervenors.
McCARTY FARMS, INC., et al., Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents,
Burlington Northern Railroad Company, Intervenor.
BURLINGTON NORTHERN RAILROAD COMPANY, and the United States of America, Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents,
McCarty Farms, Inc., et al. and the State of Montana, Department of Commerce, Intervenors.
McCARTY FARMS, INC., et al. and the State of Montana, Department of Commerce, Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 22, 1992.
Decided February 9, 1993.
Attorney(s) appearing for the Case
Samuel M. Sipe, Jr., with whom Betty Jo Christian, Washington, DC, Edmund W. Burke, Douglas J. Babb, Fort Worth, TX, Janice G. Barber, Washington, DC, and Michael E. Roper, Fort Worth, TX, were on the brief, for petitioners in Nos. 88-1114, 89-1149, and 91-1255. William R. Power, Fort Worth, TX, also entered an appearance for petitioners.
Timothy R. Engler, with whom Michael J. Ogborn and Tim L. O'Neill, Lincoln, NB, were on the brief, for petitioners in Nos. 88-1257, 89-1192, and 91-1360.
Edmund W. Burke, Douglas J. Babb, Fort Worth, TX, Janice G. Barber, Washington, DC, Michael E. Roper, Fort Worth, TX, Betty Jo Christian, and Samuel M. Sipe, Jr., Washington, DC, were on the brief for intervenor Burlington Northern R. Co. William R. Power, Fort Worth, TX, also entered an appearance for intervenor.
Thomas J. Stilling, Atty., I.C.C., with whom Robert S. Burk, General Counsel, and Ellen D. Hanson, Sr. Associate General Counsel, I.C.C., John J. Powers, III and John P. Fonte, Attys., Dept. of Justice, were on the brief, for respondent. Louis Mackall, Washington, DC, also entered an appearance for respondent.
Before: RUTH BADER GINSBURG, WILLIAMS and HENDERSON, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge, STEPHEN F. WILLIAMS.
STEPHEN F. WILLIAMS, Circuit Judge:
Montana wheat and barley farmers ship their grain via Burlington Northern to ports in the Pacific Northwest for transportation to markets in the Pacific Rim. The Interstate Commerce Commission, in a decision not contested here, has found Burlington to have "market dominance" over these shipments; as a result, the Commission has jurisdiction over the rates...
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