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SUNOCO ENERGY, ETC. v. BURLINGTON NORTHERN INC.

No. C79-137B.

483 F.Supp. 119 (1980)

SUNOCO ENERGY DEVELOPMENT CO., Plaintiff, v. BURLINGTON NORTHERN INC., and Chicago and North Western Transportation Company, Defendants.

United States District Court, D. Wyoming.

January 14, 1980.

Attorney(s) appearing for the Case

Stanley K. Hathaway of Hathaway, Speight & Kunz, Cheyenne, Wyo., Owen M. Johnson, Jr. of Akin, Gump, Hauer & Feld, Washington, D. C. and Joseph Swift, Dallas, Tex., for plaintiff.

Paul B. Godfrey of Godfrey & Sundahl, Cheyenne, Wyo., R. Eden Martin, Washington, D. C. and Jack R. Bierig of Sidley & Austin, Chicago, Ill. and Curtis H. Berg, St. Paul, Minn., for defendant Burlington Northern.

Donn J. McCall and Ronald L. Brown of Brown, Drew, Apostolos, Massey & Sullivan, Casper, Wyo., Earl E. Pollock and Jeffrey L. Dorman of Sonnenschein, Carlin, Nath & Rosenthal, Chicago, Ill., for defendant Chicago and North Western.

MEMORANDUM OPINION AND ORDER DENYING MOTIONS TO DISMISS

BRIMMER, District Judge.

This is a simple case of an alleged horizontal market restraint by an agreement that divides a market area and thereby allegedly stifles competition contrary to the Sherman Anti-Trust Act, 15 U.S.C. § 1. It has been unusually complicated by the Interstate Commerce Commission's (hereinafter referred to as "I.C.C." or "Commission") actions, as well as its inaction.

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