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BANGOR & A. R. CO. v. BROTHERHOOD OF LOC. FIRE. & ENG.

Nos. 24521-24524.

442 F.2d 812 (1971)

BANGOR AND AROOSTOOK RAILROAD COMPANY et al. v. BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN, Appellant. BANGOR AND AROOSTOOK RAILROAD COMPANY et al., Appellants, v. BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN. BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN, Appellant, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY et al. BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided February 19, 1971.

Attorney(s) appearing for the Case

Mr. Joseph L. Rauh, Jr., Washington, D. C., with whom Messrs. John Silard, Elliot C. Lichtman, Washington, D. C., Daniel H. Pollitt, Chapel Hill, N. C., and Isaac N. Groner, Washington, D. C., were on the brief, for appellant in Nos. 24,521 and 24,523 and appellee in Nos. 24,522 and 24,524.

Mr. Francis M. Shea, Washington, D. C., with whom Mr. Richard T. Conway, Washington, D. C., was on the brief, for appellees in Nos. 24,521 and 24,523 and appellants in Nos. 24,522 and 24,524.

Before DANAHER, Senior Circuit Judge, and LEVENTHAL and ROBB, Circuit Judges.

LEVENTHAL, Circuit Judge:

These appeals arise from an action by the Brotherhood of Railroad Firemen and Enginemen (BLFE) for damages sustained as a result of the carriers' wrongful blanking of fireman positions in the "full crew" states of Washington and Oregon.

General Background

The background of this case is set out in considerable measure in our Akron opinion, Brotherhood of Railroad Trainmen v. Akron & B.B.R.R., 128 U.S.App...

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