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RAILWAY LABOR EXEC. ASS'N, BRO. OF LOC. ENG. v. PATTON

No. 73-1713.

500 F.2d 34 (1974)

RAILWAY LABOR EXECUTIVES' ASSOCIATION, BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND CONGRESS OF RAILWAY UNIONS, Plaintiffs-Appellants, v. Thomas F. PATTON and Ralph S. Tyler, Jr., Trustees of the Erie Lackawanna Railway Company, Debtor, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 5, 1974.

Attorney(s) appearing for the Case

Harold A. Ross, Cleveland, Ohio, for plaintiffs-appellants; Ross & Kraushaar, Cleveland, Ohio, Edward J. Hickey, Jr., William J. Hickey, Geoffrey N. Zeh, Mulholland, Hickey & Lyman, James L. Highsaw, William G. Mahoney, Highsaw & Mahoney, Washington, D. C., on brief.

Richard F. Stevens, Cleveland, Ohio, for defendants-appellees; J. Richard Hamilton, Gary L. Bryenton, Baker, Hostetler & Patterson, Cleveland, Ohio, on brief.

Before PHILLIPS, Chief Judge, and EDWARDS and PECK, Circuit Judges.

EDWARDS, Circuit Judge.

This is an appeal by various of the railway labor unions from an ex parte order, subsequently reaffirmed after hearing, entered by a District Judge in the United States District Court for the Northern District of Ohio, Eastern Division, acting as a Reorganization Court. This order provided for the suspension of previously negotiated employee protection agreements and the impoundment of funds which would have otherwise been paid to the employees...

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