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UNITED TRANSP. UNION v. INDIANA H. B. R. CO.

Nos. 75-1839, 75-1959.

540 F.2d 861 (1976)

UNITED TRANSPORTATION UNION, Plaintiff-Appellant, v. INDIANA HARBOR BELT RAILROAD COMPANY, a corporation, and Public Law Board Number 304, Defendants-Appellees. P. J. O'NEILL, Plaintiff-Appellant, v. PUBLIC LAW BOARD NUMBER 550, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 24, 1976.

Attorney(s) appearing for the Case

John J. Naughton, Chicago, Ill., for plaintiff-appellant in No. 75-1839.

Calvin K. Hubbell, Chicago, Ill., Hermon M. Wells, Philadelphia, Pa., for defendants-appellees in No. 75-1839.

William C. Peterman, Chicago, Ill., for plaintiff-appellant in No. 75-1959.

Hermon M. Wells, Philadelphia, Pa., Robert H. Bierma, Chicago, Ill., for defendant-appellee in No. 75-1959.

Before FAIRCHILD, Chief Judge, and TONE and BAUER, Circuit Judges.

TONE, Circuit Judge.

The issue in these two cases is whether Congress has provided for judicial review of "denial awards," i. e., decisions denying relief, made by special boards of adjustment, usually called "public law boards,"1 created pursuant to the second paragraph of § 3, Second of the Railway Labor Act, 45 U.S.C. § 153, Second. In each case a public law board entered a decision adverse to the petitioner, an employee...

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