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BURLINGTON NORTHERN SANTA FE CORP. v. ANDERSON

No. CV 96-55-H-CCL.

959 F.Supp. 1288 (1997)

BURLINGTON NORTHERN SANTA FE CORPORATION; Burlington Northern Railroad Company, Plaintiff, v. Bob ANDERSON, Commissioner of MT Dept of Public Service Commission; Dave Fisher, Commissioner of MT Dept of Public Service Commission; Nancy McCaffree, Commissioner of MT Dept of Public Service Commission; Danny Oberg, Commissioner of MT Dept of Public Service Commission; Bob Rowe, Commissioner of MT Dept of Public Service Commission; Defendant, and Transportation Communications International Union, Intervenor/Defendant, and United Transportation Union, Intervenor/Defendant.

United States District Court, D. Montana, Helena Division.

March 24, 1997.

Attorney(s) appearing for the Case

Betty J. Christian, Carolyn D. Clayton, Steptoe & Johnson, Washington, DC, Leo Berry, Mark D. Etchart, Browning, Kaleczyc, Berry & Hoven, PC, Helena, MT, Janice G. Barber, Sarah J. Whitley, Burlington Northern Santa Fe, Fort Worth, TX, for Burlington Northern Santa Fe Corp. and Burlington Northern R. Co.

Martin Jacobson, Montana Public Service Com'n, Helena, MT, for Bob Anderson, Dave Fisher, Nancy McCaffree, Danny Oberg and Bob Rowe.

Peter M. Meloy, Meloy & Morrison, Helena, MT, Clinton J. Miller, III, Daniel R. Elliott, III, United Transp. Union, Cleveland, OH, for United Transp. Union.

Turner C. Graybill, Graybill, Ostrem & Crotty, Great Falls, MT, Joseph Guerrieri, Jr., Guerrieri, Edmond & Clayman, Washington, DC, for Transportation-Communications Intern. Union.

ORDER

LOVELL, District Judge.

This matter came on for hearing on February 21, 1997 on Plaintiffs' and Defendants' cross motions for summary judgment. Intervenor Defendants Transportation Communications International Union (TCU) and United Transportation Union (UTU) were represented by separate counsel at the hearing but did not participate in oral argument. Upon consideration of the arguments, the motions...

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