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BURLINGTON NORTHERN INC. v. AM. RY. SUP'RS ASS'N

Nos. 75-1352, 75-1598.

527 F.2d 216 (1975)

BURLINGTON NORTHERN INC., Plaintiff-Counterdefendant-Appellant, v. The AMERICAN RAILWAY SUPERVISORS ASSOCIATION, Defendant-Counterclaimant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 11, 1975.

Rehearing Denied January 21, 1976.

Attorney(s) appearing for the Case

Barry N. Gutterman, Chicago, Ill., Ralph J. Moore, Jr., Washington, D. C., for Burlington Northern.

Alex Elson, Aaron S. Wolff, Chicago, Ill., for American Railway.

Edward J. Hickey, Jr., Railway Labor Executives' Assoc., Washington, D. C., for amicus curiae.

Before CLARK, Associate Justice (Retired), and CUMMINGS and PELL, Circuit Judges.

CUMMINGS, Circuit Judge.

Petitioner, Burlington Northern, Inc. (the Railroad), instituted this action seeking to set aside three awards of the National Railroad Adjustment Board, Fourth Division, handed down in favor of the American Railway Supervisors Association (the Union). The claims involved in these awards arose after the March 1970 merger of four carriers into this Railroad. As a result of the merger, the employees of the separate carriers became employees...

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