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GRAINBELT CORP. v. SURFACE TRANSP. BD.

No. 96-1006.

109 F.3d 794 (1997)

GRAINBELT CORPORATION and Farmrail Corporation, Petitioners v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents Burlington Northern Santa Fe Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 4, 1997.

Attorney(s) appearing for the Case

Eric M. Hocky, argued the cause for petitioners, with whom William P. Quinn and Mary Anne Taufen, Westchester, PA, were on the briefs.

Louis Mackall, V, Attorney, Surface Transportation Board, argued the cause for respondents, with whom Henri F. Rush, General Counsel, Joel I. Klein, Acting Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and John P. Fonte, Attorneys, Washington, DC, were on the brief.

Richard E. Weicher, Schaumburg, IL, Michael E. Roper, Fort Worth, TX, Betty Jo Christian, Samuel M. Sipe, Jr., David H. Coburn, Erika Z. Jones, Roy T. Englert, Jr. and Adrian L. Steel, Jr., Washington, DC, were on the joint brief for intervenors Burlington Northern, Inc., et al. Timothy M. Walsh and Kathryn A. Kusske, Washington, DC, entered appearances.

Before: WILLIAMS, GINSBURG and ROGERS, Circuit Judges.

Opinion of the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

In this petition for review of an order of the Interstate Commerce Commission approving the control and merger application of Burlington Northern Railroad ("BN") and Atchison, Topeka and Santa Fe Railway ("Santa Fe"), and their respective affiliated companies, petitioners Grainbelt Corporation and Farmrail Corporation challenge the Commission's denial of their request that, as a condition...

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