BROTHERHOOD, ETC. v. BURLINGTON NORTHERN INC.

Civ. No. 4-81-224.

513 F.Supp. 1023 (1981)

BROTHERHOOD OF RAILWAY AND AIRLINE CLERKS, CONSOLIDATED SYSTEM BOARD OF ADJUSTMENT 46; Brotherhood of Railway Carmen, Burlington Northern Joint Protective Board; Allied Services Division, Brotherhood of Railway and Airline Clerks; Brotherhood of Railway Signalmen; General Committee of Adjustment, United Transportation Union No. 386, Burlington Northern Inc.; and Yardmasters of America, Plaintiffs, v. BURLINGTON NORTHERN INC. and United States of America, Defendants.

United States District Court, D. Minnesota, Fourth Division.

May 14, 1981.


Attorney(s) appearing for the Case

Patrick J. Foley, DeParcq, Anderson, Perl, Hunegs & Rudquist, Minneapolis, Minn., for plaintiffs.

Frank S. Farrell and Donald E. Engle, Burlington Northern Inc., St. Paul, Minn., and Martin M. Lucente, Sidley & Austin, Chicago, Ill. (of counsel), for defendant Burlington Northern Inc.

Thomas K. Berg, U. S. Atty., and Francis X. Hermann, Asst. U.S. Atty., Minneapolis, Minn., and Richard A. Allen, Gen. Counsel and Lawrence H. Richmond, Atty., I. C. C., Washington, D.C. (of counsel), for defendant United States of America.


MEMORANDUM INCORPORATING FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER DENYING A PRELIMINARY INJUNCTION

MacLAUGHLIN, District Judge.

This matter is before the Court on plaintiffs' motion for a preliminary injunction. This memorandum constitutes the Court's findings of fact and conclusions of law as required by Federal Rule of Civil Procedure 52(a).

FACTUAL BACKGROUND

Plaintiffs are a number of railroad unions who have collective bargaining...

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