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OREGON PUBLIC UTILITY COM'N v. I.C.C.

No. 91-70276.

979 F.2d 778 (1992)

OREGON PUBLIC UTILITY COMMISSION, Petitioner, v. INTERSTATE COMMERCE COMMISSION, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided November 13, 1992.

Attorney(s) appearing for the Case

Keith Kutler, Asst. Atty. Gen., Salem, Or., for petitioner.

Evelyn G. Kitay, Office of the Gen. Counsel, I.C.C., Washington, D.C., for respondent.

Before: BEEZER, NOONAN, and TROTT, Circuit Judges.

JOHN T. NOONAN, Circuit Judge:

The Oregon Public Utility Commission (OPUC) seeks review of an order of the Interstate Commerce Commission (ICC) exempting a transfer of operating rights under 49 U.S.C. § 11343. The case — of first impression in this circuit — involves the interpretation of the statute. We affirm the ruling of the ICC.

PROCEEDINGS

On August 23, 1990 Maddox Transfer and Storage, Inc. (Maddox) and Washington...

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