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MISSOURI MIN., INC. v. I.C.C.

No. 93-3722.

33 F.3d 980 (1994)

MISSOURI MINING, INC.; BXB Corporation; Missouri & Iowa Railway Company; City of Kirksville, Department of Economic Development; and, James R. Lenzini, Petitioners, International Union, United Mine Workers of America, Intervenor, v. INTERSTATE COMMERCE COMMISSION; United States of America, Respondents, Burlington Northern Railroad Company; Associated Electric Cooperative, Inc., Intervenors.

United States Court of Appeals, Eighth Circuit.

Decided August 29, 1994.

Attorney(s) appearing for the Case

John Thomas Sullivan, Arlington, VA, argued (William P. Jackson, Jr. and Barry A. Woodbrey, Jr., on the brief), for appellant.

John H. LeSeur, Washington, DC, argued, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, FLOYD R. GIBSON, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

WOLLMAN, Circuit Judge.

Missouri Mining, Inc., BXB Corporation, Missouri & Iowa Railway Company, the City of Kirksville Department of Economic Development, and James R. Lenzini ("petitioners") filed a joint petition for review of a decision of the Interstate Commerce Commission (the "Commission") granting Burlington Northern Railroad Company ("Burlington") an exemption under 49 U.S.C. § 10505 to construct and operate a seventeen-mile rail line. Petitioners...

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