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MISSOURI PACIFIC R. CO. v. RAILROAD COM'N OF TEXAS

Civ. No. A-86-CA-569.

671 F.Supp. 466 (1987)

MISSOURI PACIFIC RAILROAD COMPANY, Southern Pacific Transportation Company, the Atchison, Topeka and Santa Fe Railway Company, Burlington Northern Railroad Company, Missouri-Kansas-Texas Railroad Company, St. Louis-Southwestern Railway Company, Kansas City Southern Railway Company and Louisiana and Arkansas Railway Company v. RAILROAD COMMISSION OF TEXAS and its members, Hon. James E. Nugent, Hon. Mack Wallace and Hon. Clark Jobe.

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

June 17, 1987.

Attorney(s) appearing for the Case

Robert B. Burns, Jr., Wilson, Grosenheider & Burns, Austin, Tex., for Topeka Santa Fe Ry. Atchison, Kansas City Southern Ry. Co., Louisiana and Arkansas Ry. Co., and Missouri Pacific Ry. Co., plaintiffs.

Frank W. Calhoun, Lidell, Sapp & Zivley, Houston, Tex., for Burlington Northern R. Co. plaintiff.

Michael E. Roper, MKT R. Co., Legal Dept., Dallas, Tex., for Missouri-Kansas-Texas R. Co. plaintiff.

Hugh L. McCulley, Houston, Tex., for Southern Pacific Transp., St. Louis-Southwestern Ry. Co., plaintiffs.

Douglas B. Fraser, Energy Div./Transp., Austin, Tex., for Clark Jobe, James E. Nugent, R.R. Comm. of Texas and Mack Wallace, defendants.

AMENDED MEMORANDUM OPINION AND ORDER

NOWLIN, District Judge.

Pursuant to Rule 60(a), the Court hereby amends its Memorandum Opinion and Order of May 8, 1987, and substitutes this corrected version.

Before the Court is the Plaintiff's Complaint for Declaratory and Injunctive Relief. The Court, having considered all of the briefs and evidence filed in this case, enters the following Memorandum Opinion.

I. BACKGROUND

On June 16, 1986...

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