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BURLINGTON NORTHERN RAILROAD CO. v. OFFICE OF INSPECTOR GENERAL, RAILROAD RETIREMENT BD.

No. 91-7006.

983 F.2d 631 (1993)

BURLINGTON NORTHERN RAILROAD CO., Plaintiff-Appellee, v. OFFICE OF INSPECTOR GENERAL, RAILROAD RETIREMENT BOARD, Attorney General of the United States, and the United States of America, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 16, 1993.

Attorney(s) appearing for the Case

John C. Hoyle, Atty., Barbara C. Biddle, Asst. Director, Appellate Staff, U.S. Dept. of Justice, Washington, DC, Marvin Collins, U.S. Atty., Stuart M. Gerson, Asst. Atty. Gen., U.S. Dept. of Justice, Ft. Worth, TX, for defendants-appellants.

Thomas J. Knapp, Burlington Northern R. Co., Ft. Worth, TX, Richard K. Willard, David A. Price, Steptoe & Johnson, Washington, DC, for plaintiff-appellee.

William L. Latham, Robert L. Ginsburg, McDonald, Sanders, Ginsburg, Newkirk, Gibson & Webb, Ft. Worth, TX, for amicus-Association of American Railroads.

Before VAN GRAAFEILAND, KING, and EMILIO M. GARZA, Circuit Judges.

KING, Circuit Judge:

This appeal concerns the enforceability of a subpoena duces tecum issued by the Inspector General of the Railroad Retirement Board to Burlington Northern Railroad Company. The district court refused to summarily enforce the subpoena, concluding that the Inspector General issued it in aid of an ultra vires regulatory compliance audit. Because (i) the district court did not clearly err in determining that...

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