BROTHERHOOD OF LOCOMOTIVE ENGINEERS, Petitioner
v.
UNITED STATES of America and Surface Transportation Board, Respondents
United Transportation Union, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 12, 1996.
Decided November 22, 1996.
As Amended December 20, 1996.
Attorney(s) appearing for the Case
Gordon P. MacDougall, Washington, DC, argued the cause for petitioner. With him on the briefs was Harold A. Ross, Cleveland, OH.
Evelyn G. Kitay, Attorney, Surface Transportation Board, Washington, DC, argued the cause for respondents. With her on the brief were Henri F. Rush, General Counsel, Anne K. Bingaman, Assistant Attorney General, John J. Powers, III and Robert J. Wiggers, Attorneys, U.S. Department of Justice, Washington, DC.
Clinton J. Miller, III and Daniel R. Elliott, III, were on the brief for intervenor United Transportation Union.
Joseph D. Anthofer, T. Scott Bannister; and Kevin M. Sheys, Washington, DC, were on the joint brief for intervenors Union Pacific Railroad Company, et al.
Before: RANDOLPH, ROGERS and TATEL, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
TATEL, Circuit Judge:
In these consolidated cases, the Brotherhood of Locomotive Engineers and the United Transportation Union petition for review of three Interstate Commerce Commission decisions in which the Commission found it lacked jurisdiction over several railroad transactions. Two of the decisions concerned trackage-rights agreements involving the Union Pacific Railroad's Omaha-Council Bluffs freight terminal. The...
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