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VAN BLARICOM v. BURLINGTON NORTHERN R. CO.

No. 91-36026.

17 F.3d 1224 (1994)

Paul VAN BLARICOM, Plaintiff-Appellant, v. BURLINGTON NORTHERN RAILROAD COMPANY, a corporation; United States of America; Interstate Commerce Commission, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 2, 1994.

Attorney(s) appearing for the Case

Owen J. Wales, Seattle, Washington, for the plaintiff-appellant.

Kurt W. Kroschel, Kroschel & Gibson, Bellevue, Washington, for defendant-appellee Burlington Northern Railroad Company.

Virginia Strasser, Interstate Commerce Commission, Washington, D.C., for respondents Interstate Commerce Commission and United States of America.

Before: BRUNETTI, LEAVY, and TROTT, Circuit Judges.

BRUNETTI, Circuit Judge:

The issue presented in this case is whether the Interstate Commerce Commission ("ICC") has the authority to enforce labor protective conditions adopted in compliance with the Interstate Commerce Act extraterritorially on behalf of a Canadian citizen, working in Canada for an American rail carrier. We hold that it does not.

I. Facts and Proceedings

Paul Van Blaricom, a Canadian citizen...

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