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EMP. PROTECTIVE ASS'N v. NORFOLK & W. RY. CO.

No. 76-1996.

571 F.2d 185 (1977)

EMPLOYEES PROTECTIVE ASSOCIATION, Appellant, v. NORFOLK AND WESTERN RAILWAY COMPANY, Brotherhood of Locomotive Engineers, and Special Board of Adjustment No. 813, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 6, 1977.

Attorney(s) appearing for the Case

William G. Anderson, Roanoke, Va. (George V. Gardner and Gardner & Ambrister, Washington, D. C., on brief), for appellant.

Harold A. Ross, Cleveland, Ohio and Martin M. Lucente, Chicago, Ill. (Ross & Kraushaar Co., Cleveland, Ohio, G. Marshall Mundy, Mundy & Garrison, William B. Poff, Bayard E. Harris, Woods, Rogers, Muse, Walker & Thornton, Roanoke, Va., and Sidley & Austin, Washington, D. C., on brief), for appellees.

Before BRYAN, Senior Circuit Judge, and CRAVEN and WIDENER, Circuit Judges.

WIDENER, Circuit Judge:

This is the second time this case has been before this court. In 511 F.2d 1040 (1975), we reversed the action of the district court1 in dismissing plaintiff's complaint for lack of jurisdiction over the subject matter of the case. We remanded the case to the district court "for the limited purpose of deciding whether Board No. 813 exceeded...

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