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BURLINGTON NORTHERN INC. v. I. C. C.

Civ. A. No. 3471-70.

323 F.Supp. 273 (1971)

BURLINGTON NORTHERN INC., Plaintiff, v. INTERSTATE COMMERCE COMMISSION and Matthew Paolo, Director, Bureau of Accounts, Defendants, and United States of America, Intervening Defendant.

United States District Court, District of Columbia.

January 13, 1971.

Attorney(s) appearing for the Case

Richard J. Flynn, Sidley & Austin, Washington, D. C., Robert W. Ginnane, Galland, Kharasch, Calkins & Brown, Washington, D. C., for plaintiff.

Fritz R. Kahn, Bernard A. Gould, Leonard S. Goodman, Interstate Commerce Commission, Washington, D. C., for defendant Interstate Commerce Commission.

Robert Werdig, Asst. U. S. Atty., U. S. District Court, Washington, D. C., for the United States.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

PARKER, District Judge.

This cause having come before the Court on December 22, 1970, for hearing on cross motions for summary judgment filed on behalf of plaintiff, Burlington Northern Inc. and on behalf of defendants and the intervening defendant; and the Court having considered said motions, the affidavits and other materials filed in support of and in opposition to each motion, and the memoranda and oral argument...

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