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BURLINGTON NORTHERN R. CO. v. PUBLIC UTILITY COM'N

Civ. Nos. A-86-CA-079, A-86-CA-130.

637 F.Supp. 584 (1986)

BURLINGTON NORTHERN RAILROAD COMPANY, et al. v. PUBLIC UTILITY COMMISSION OF TEXAS, et al.

United States District Court, W.D. Texas, Austin Division.

May 23, 1986.

Attorney(s) appearing for the Case

Edmund W. Burke, William A. Brasher, Ft. Worth, Tex., for Burlington Northern R. Co.

Richard P. Bruening, Kansas City, Mo., for The Kansas City Southern Ry. Co.

Phyllis B. Schunck, Wood, Lucksinger & Epstein, Stephen J. Davis, Steven Baron, Asst. Atty. Gen., Energy Div., Austin, Tex., for Public Utility Com'n.

ORDER

NOWLIN, District Judge.

Came on to be heard this day Plaintiffs' Motion for Summary Judgment. The Court, having considered the Motion and the Opposition, as well as all of the affidavits and pleadings on file in this cause, is of the opinion that the Motion is meritorious, and should be GRANTED.

I. BACKGROUND

On January 22, 1986, the Public Utility Commission of Texas (PUC1) entered a discovery order in...

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