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WINTER v. I.C.C.

No. 92-1800.

992 F.2d 824 (1993)

M.M. WINTER; R.L. Marceau; D.B. Snyder, (General Chairmen for United Transportation Union on lines of Burlington Northern Railroad Company), Petitioners, v. INTERSTATE COMMERCE COMMISSION; United States of America, Respondents. Burlington Northern Railroad Company; MN Commercial Railway, Intervenor.

United States Court of Appeals, Eighth Circuit.

Decided May 7, 1993.

Rehearing and Rehearing Denied June 15, 1993.

Attorney(s) appearing for the Case

Gordon P. MacDougall, Washington, DC, argued, for petitioners.

Laurence H. Schecker, Washington, DC, argued (Charles A. James, John J. Powers, III, John P. Fonte, Robert S. Burk, John J. McCarthy, Jr., and Laurence H. Schecker, on brief), for respondents.

Janice J. Barber, Fort Worth, TX, argued (Douglas J. Babb, Janice J. Barber and Ethel A. Allen, on brief), for intervenor Burlington Northern.

Eugenia Langan, Washington, DC, argued (Ralph J. Moore, Jr., and Eugenia Langan, on brief), for intervenor MN Commercial.

Before McMILLIAN, BOWMAN and LOKEN, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 15, 1993.

McMILLIAN, Circuit Judge.

The United Transportation Union (UTU) seeks review of the Interstate Commerce Commission's (ICC) decision to grant an exemption for the transfer of trackage rights from Burlington Northern Railroad Co. (Burlington) to Minnesota Commercial Railway, Inc. (Commercial). Minnesota Commercial Ry. — Trackage Rights Exemption —...

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