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BROTHERHOOD OF RAILROAD TRAINMEN v. AKRON & B. B. R. CO.

Nos. 20152, 20158, 20172, 20191-20193, 20215, 20216, 20229, 20249.

385 F.2d 581 (1967)

BROTHERHOOD OF RAILROAD TRAINMEN, Switchmen's Union of North America, et al., Appellants, v. The AKRON & BARBERTON BELT RAILROAD COMPANY et al., Appellees. ORDER OF RAILWAY CONDUCTORS AND BRAKEMEN, Appellant, v. The AKRON & BARBERTON BELT RAILROAD COMPANY et al., Appellees. The AKRON & BARBERTON BELT RAILROAD COMPANY et al., Appellants, v. BROTHERHOOD OF RAILROAD TRAINMEN et al., Appellees. The AKRON & BARBERTON BELT RAILROAD COMPANY et al., Appellants, v. ORDER OF RAILWAY CONDUCTORS AND BRAKEMEN, Appellee. BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN, Appellant, v. BANGOR AND AROOSTOOK RAILROAD COMPANY et al., Appellees. BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN, Appellant, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY et al., Appellees. BANGOR AND AROOSTOOK RAILROAD COMPANY et al., Appellants, v. BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN, Appellee. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY et al., Appellants, v. BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN, Appellee. BROTHERHOOD OF RAILROAD TRAINMEN, Appellant, v. The AKRON & BARBERTON BELT RAILROAD COMPANY et al., Appellees (two cases).

United States Court of Appeals District of Columbia Circuit.

Decided May 12, 1967.

Supplemental Opinion July 31, 1967.

As Amended September 21, 1967 and February 16, 1968.

Certiorari Denied January 29, 1968.

Attorney(s) appearing for the Case

Mr. Milton Kramer, Washington, D. C., with whom Mr. Martin W. Fingerhut, Washington, D. C., was on the brief, for appellants in Nos. 20,152, 20,229 and 20,249 and appellees in No. 20,172.

Mr. James D. Hill, Washington, D. C., for appellant in No. 20,158 and appellee in No. 20,191.

Mr. Joseph L. Rauh, Jr., Washington, D. C., with whom Messrs. John Silard, Daniel H. Pollitt, Isaac N. Groner, David Epstein and Stephen E. Moss, Washington, D. C., were on the brief, for appellant in Nos. 20,192 and 20,193 and appellee in Nos. 20,215 and 20,216.

Mr. Francis M. Shea, Washington, D. C., with whom Mr. Richard T. Conway, Washington, D. C., was on the brief for appellants in Nos. 20,172, 20,191, 20,215 and 20,216 and appellees in Nos. 20,152, 20,158, 20,192, 20,193, 20,229 and 20,249. Messrs. David Booth Beers and Ralph J. Moore, Jr., Washington, D. C., also entered appearances for appellants in Nos. 20,215 and 20,216.

Before DANAHER, Circuit Judge, BASTIAN, Senior Circuit Judge, and LEVENTHAL, Circuit Judge.

Certiorari Denied January 29, 1968. See 88 S.Ct. 851, 852, 856.

LEVENTHAL, Circuit Judge:

This opinion deals with a number of appeals and cross-appeals in the railroad work rules litigation.

It may help if at the outset we indicate generally the nature of our views, though their precise exposition and the complexity of the issues require a long opinion. Part I of this opinion reviews the history of the passage by Congress in 1963 of a law providing...

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