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ICC v. LOCOMOTIVE ENGINEERS

No. 85-792.

482 U.S. 270 (1987)

107 S.Ct. 2360

96 L.Ed.2d 222

INTERSTATE COMMERCE COMMISSION v. BROTHERHOOD OF LOCOMOTIVE ENGINEERS ET AL.

Supreme Court of United States.

Decided June 8, 1987

Attorney(s) appearing for the Case

Henri F. Rush argued the cause for petitioner in No. 85-792. With him on the briefs were Solicitor General Fried, Deputy Solicitor General Cohen, Robert S. Burk, and Sidney L. Strickland, Jr. Joseph L. Manson III, argued the cause for petitioner in No. 85-793. With him on the briefs was Michael E. Roper.

Harold A. Ross argued the cause and filed a brief for respondent Brotherhood of Locomotive Engineers in both cases. John O'B. Clarke, Jr., argued the cause for respondent United Transportation Union in both cases. With him on the brief was Robert L. Hart. Charles A. Miller, Gregg H. Levy, and Mark B. Goodwin filed a brief for respondents Union Pacific Railroad Co. et al.†

JUSTICE SCALIA delivered the opinion of the Court.

On September 15, 1980, Union Pacific Railroad Co. (UP) and Missouri Pacific Railroad Co. (MP) and their respective corporate parents filed a joint application with the Interstate Commerce Commission (ICC or Commission) seeking permission for UP to acquire control of MP. The same day, a similar but separate application was jointly filed by UP and the Western Pacific Railroad Co. (WP). In a consolidated proceeding,...

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