BURLINGTON NORTHERN, INC., et al., Petitioners,
v.
The UNITED STATES of America and Interstate Commerce Commission, Respondents,
San Antonio, Texas, Acting By and Through its City Public Service Board, Intervenor-Respondent.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted December 15, 1976.
Decided March 29, 1977.
Attorney(s) appearing for the Case
Howard J. Trienens, Chicago, Ill., for petitioners; Curtis H. Berg and Richard M. Gleason, St. Paul, Minn., Charles W. Burkett, San Francisco, Cal., Albert E. Schoenbeck, St. Louis, Mo., R. Eden Martin and James W. Jandacek, Chicago, Ill., on the brief.
Charles W. White, I. C. C., Washington, D. C., for respondents; Donald I. Baker, Asst. Atty. Gen., and Lloyd J. Osborn, Atty., Dept. of Justice, Washington, D. C., Mark L. Evans, Gen. Counsel, and Walter H. Walker, III, Atty., I. C. C., Washington, D. C., on the brief.
William L. Slover, Washington, D. C., for intervenor-respondent, City of San Antonio; C. Michael Loftus, Washington, D. C., on the brief.
Richard P. Bruening, St. Louis, Mo., Richard M. Freeman, San Francisco, Cal., Mark M. Hennelly, St. Louis, Mo., Howard D. Koontz, Chicago, Ill., J. L. Lenihan, Louisville, Ky., R. K. Merrill, C. George Niebank, Jr., Chicago, Ill., C. Barry Schaefer, Omaha, Neb., James L. Tapley, Washington, D. C., Walter G. Treanor, San Francisco, Cal., Donal L. Turkal, and Richmond C. Coburn, St. Louis, Mo., on brief for amici curiae Railroads.
Before HEANEY, ROSS and STEPHENSON, Circuit Judges.
United States Court of Appeals, Eighth Circuit.
HEANEY, Circuit Judge.
Burlington Northern, Inc., and its subsidiaries, and Southern Pacific Transportation Company ask us to review a final order of the Interstate Commerce Commission which prescribes a maximum reasonable rate of $10.93 per ton for the movement of coal from Campbell County, Wyoming, to San Antonio, Texas. We deny the petition.
The origins of this dispute lie in the energy crisis. San Antonio, acting...
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