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RAILWAY LABOR EXECUTIVES' ASSOCIATION v. UNITED STATES

Civ. A. No. 3412.

216 F.Supp. 101 (1963)

RAILWAY LABOR EXECUTIVES' ASSOCIATION, The Brotherhood of Railway and Steamship Clerks, et al., Plaintiffs, v. UNITED STATES of America, Interstate Commerce Commission and Seaboard Air Line Railroad Company, Defendants.

United States District Court E. D. Virginia at Alexandria.

Decided March 21, 1963.

Attorney(s) appearing for the Case

James L. Highsaw, Jr., Washington, D. C. (William H. King, Richmond, Va., on the brief), for plaintiffs.

Leonard S. Goodman, Washington, D. C. (Robert W. Ginnane, General Counsel, on the brief), for defendant, Interstate Commerce Commission.

Richard A. Hollander, Richmond, Va., for defendant, Seaboard Air Line Railroad Company.

Lee Loevinger, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., C. V. Spratley, Jr., U. S. Atty., Richmond, Va., MacDougal Rice, Asst. U. S. Atty., Alexandria, Va., for defendant, United States of America.

Before BRYAN, Circuit Judge, and JOHN PAUL and LEWIS, District Judges.

ALBERT V. BRYAN, Circuit Judge.

As "railroad employees affected", certain C. & O. Railway personnel and their Unions1 now charge that their employment was not protected, as required by the Interstate Commerce Act2, in a Commission order granting the Seaboard Air Line Railroad authority3 to acquire joint control and use of Broad Street

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