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BROTHERHOOD OF RAILROAD TRAIN. v. CHICAGO, M., ST. P. & P. R. CO.

Civ. A. No. 1641-64.

237 F.Supp. 404 (1964)

BROTHERHOOD OF RAILROAD TRAINMEN, Plaintiff, v. CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY (LINES EAST), and S. W. Amour, H. C. Birge and Kieran P. O'Gallagher, as Members of Special Board of Adjustment, Defendants.

United States District Court District of Columbia.

October 23, 1964.

Attorney(s) appearing for the Case

David Leo Uelmen, Milwaukee, Wis., Milton Kramer, Washington, D. C., Goldberg, Previant & Uelmen, Milwaukee, Wis., and Schoene & Kramer, Washington, D. C., for plaintiff and defendant H. C. Birge.

Francis M. Shea, Lawrence J. Latto, Richard T. Conway and Benjamin W. Boley, Washington, D. C., James P. Reedy, Chicago, Ill., and Shea & Gardner, Washington, D. C., for defendants Chicago, M., St. P. & P. R. Co. (Lines East) and S. W. Amour.

Michael J. Stack, Jr., Washington, D. C., for defendant Kieran P. O'Gallagher.

ROBINSON, District Judge.

This case presents for review another aspect of the controversy given birth more than a generation ago by the introduction of diesel-powered engines in rail transportation. The modern history of that controversy has been detailed in a recent opinion of this Court by Judge Holtzoff.1 Only a few of the more relevant events need be recounted now.

On November 2, 1959, virtually all of the Nation's major railroads...

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