BURLINGTON NORTHERN R. CO. v. SURFACE TRANSP. BD.

Attorney(s) appearing for the Case

Samuel M. Sipe, Jr., with whom John D. Graubert, Washington, DC and Michael E. Roper, Fort Worth, TX, were on the briefs, argued the cause for petitioner.

Henri F. Rush, General Counsel, Surface Transportation Board, with whom Craig M. Keats, Associate General Counsel, and Judith A. Albert, Attorney, Surface Transportation Board, and Anne K. Bingaman, Assistant Attorney General, John J. Powers, III, and John P. Fonte, Attorneys, United States Department of Justice, Washington, DC, were on the brief, argued the cause for respondents.

Kelvin J. Dowd, Frank J. Pergolizzi, and Andrew B. Kolesar, III were on the brief for intervenor West Texas Utilities Company. Donald G. Avery and William L. Slover, Washington, DC, entered appearances.

Before: BUCKLEY, WILLIAMS and HENDERSON, Circuit Judges.