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INTERNATIONAL ASS'N OF MACH. & A. WKRS. v. NATIONAL MED. BD.

Nos. 23409, 23412.

425 F.2d 527 (1970)

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, Appellee, v. NATIONAL MEDIATION BOARD et al., National Airlines, Inc., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided January 30, 1970.

Attorney(s) appearing for the Case

Mr. Walter H. Fleischer, Atty., Dept. of Justice, with whom Messrs. Thomas A. Flannery, U. S. Atty., and Alan S. Rosenthal, Atty., Dept. of Justice, were on the brief, for appellants, National Mediation Board, et al., in No. 23,412. Messrs. Morton Hollander and Stephen R. Felson, Attys., Dept. of Justice, also entered appearances for appellants, National Mediation Board, et al., in No. 23,412.

Mr. William J. Curtin, Washington, D. C., with whom Messrs. Robert J. Hickey and Julius Schlezinger were on the brief, for appellant, National Airlines, Inc., in No. 23,409.

Mr. Bernard Dunau, Washington, D. C., with whom Mr. Plato E. Papps, Washington, D. C., was on the brief, for appellee.

Messrs. Francis M. Shea and Richard T. Conway, Washington, D. C., filed a brief on behalf of the National Railway Labor Conference, as amicus curiae, urging reversal.

Before LEVENTHAL, ROBINSON and ROBB, Circuit Judges.

LEVENTHAL, Circuit Judge:

This appeal concerns the reviewability of a determination by the National Mediation Board that its efforts to mediate a major labor dispute have not proved unsuccessful and that therefore it is not required by section Five, first of the Railway Labor Act, 45 U.S.C. § 155, to terminate mediation and proffer arbitration. The issue is an important one in the context of the Railway Labor Act because while mediation is under way and has not...

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