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MISSOURI PACIFIC R. CO. v. I.C.C.

Nos. 91-1046 and 92-1286.

23 F.3d 531 (1994)

MISSOURI PACIFIC RAILROAD COMPANY, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Arkansas & Missouri Railroad Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 20, 1994.

Attorney(s) appearing for the Case

David L. Meyer, Washington, DC, argued the cause for petitioner. With him on the briefs was Arvid E. Roach, II, Washington, DC. Thomas H. Odom, Washington, DC, entered an appearance.

Thomas J. Stilling, Atty., I.C.C., Washington, DC, argued the cause for respondents. With him on the brief were Henri F. Rush, Acting Gen. Counsel, ICC, Ellen D. Hanson, Sr. Associate Gen. Counsel, ICC, Anne K. Bingaman, Asst. Atty. Gen., U.S. Dept. of Justice, and Catherine G. O'Sullivan and John P. Fonte, Attys., U.S. Dept. of Justice, Washington, DC.

Richard A. Allen, Washington, DC, argued the cause and filed the brief for intervenor Arkansas & Missouri R. Co.

Before SILBERMAN, BUCKLEY, and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The Missouri Pacific Railroad Company petitions for review of a decision by the Interstate Commerce Commission setting the amount that the railroad must pay for trackage rights over a bridge and adjacent approach tracks owned by the Arkansas & Missouri Railroad. The ICC held, and the Missouri Pacific does not dispute, that such compensation must include a rental component based...

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