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SEDALIA-MARSHALL-BOONVILLE STAGE LINE v. NAT. MEDIATION BD.

No. 77-1606.

574 F.2d 394 (1978)

SEDALIA-MARSHALL-BOONVILLE STAGE LINE, INC., Appellant, v. NATIONAL MEDIATION BOARD, Appellee, and International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 29, 1978.

Attorney(s) appearing for the Case

John R. Phillips (argued), James R. Swanger and Kathleen A. Reimer, Des Moines, Iowa, on brief, for appellant.

Allan Gerson (argued), Atty., Civ. Div., App. Sec., Dept. of Justice, Washington, D.C., Barbara Allen Babcock, Asst. Atty. Gen., and Ronald R. Glancz, Atty., Washington, D.C., and Roxanne Barton Conlin, U. S. Atty., Des Moines, Iowa, on brief, for National Mediation Board.

Roland P. Wilder, Jr. (argued), Robert M. Baptiste, Gary S. Witlen, Washington, D.C., and Robert E. Conley, Des Moines, Iowa, on brief, for International Brotherhood of Teamsters.

Before GIBSON, Chief Judge, VAN OOSTERHOUT, Senior Circuit Judge, and ROSS, Circuit Judge.

ROSS, Circuit Judge.

Sedalia-Marshall-Boonville Stage Line, Inc. (hereinafter SMB), an air carrier, appeals from an adverse decision of the district court dismissing its complaint on a summary judgment motion, Fed.R.Civ.P. 56. The case arose under the Railway Labor Act, 45 U.S.C. §§ 151 et seq., wherein SMB challenged the decision of the National Mediation Board, a government agency, to certify the International Brotherhood of Teamsters as the bargaining...

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