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BUD ANTLE, INC. v. UNITED STATES

No. 76-1777.

593 F.2d 865 (1979)

BUD ANTLE, INC., Plaintiff-Appellant, v. UNITED STATES of America, Interstate Commerce Commission, Robert W. Meserve, Paul W. Cherington and Charles W. Bartlett, Trustees of the property of Boston & Maine Corporation, a corporation, debtor, Delaware & Hudson Railway Company, a corporation, Thomas F. Patton and Ralph S. Tyler, Jr., trustees of the property of Erie Lackawanna Railway Company, a corporation, debtor, George P. Baker, Richard C. Bond, Jervis Langdon, Jr., and Willard Wirtz, trustees of the property of Penn Central Transportation Company, a corporation, debtor, Southern Pacific Transportation Company, a corporation, and Atchison, Topeka & Santa Fe Railway Company, a corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

March 21, 1979.

Attorney(s) appearing for the Case

Richard D. Maltzman (argued), of Titchell, Maltzman, Mark, Bass & Ohleyer, San Francisco, Cal., for plaintiff-appellant.

A. J. Thiemann (argued), Dept. of Justice, Washington, D. C., John A. Daily (argued), Philadelphia, Pa., for defendants-appellees.

Before BROWNING, CARTER and ANDERSON, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

Appellant Bud Antle, Inc. (Antle) appeals from a judgment of the district court affirming an order of the Interstate Commerce Commission (Commission) dismissing Antle's complaint for reparations and other relief against appellee railroads.1 Jurisdiction existed in the district court under 49 U.S.C. § 17(9) and 28 U.S.C. § 1336.2

Antle claims that both the...

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