Brotherhood of Railway & Airline Clerks v. Burlington Northern Inc.

HENLEY, Senior Circuit Judge.

This is a petition to review a decision of the Interstate Commerce Commission. In response to a remand order issued in an earlier opinion, the Commission found that Burlington Northern Inc. (BN) was not in “control” of various terminal and switching companies in which it holds an ownership interest. Therefore, the Commission denied the petitions to investigate BN’s formation of a holding company. The principal issue on appeal is whether the Commission’s decision has a rational basis. We find that it does and affirm.

This litigation began when BN announced its…