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FORT WORTH AND DENVER RY. CO. v. LEWIS

No. 81-1405.

693 F.2d 432 (1982)

FORT WORTH AND DENVER RAILWAY COMPANY, et al., Plaintiffs-Appellants, v. Andrew L. LEWIS, Jr., etc., et al., Defendants-Appellees, Railway Labor Executives Association, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

December 6, 1982.

Attorney(s) appearing for the Case

Arnold & Porter, Dennis G. Lyons, Charles H. Cochran, Washington, D.C., for plaintiffs-appellants.

Richard B. Vance, Asst. U.S. Atty., Fort Worth, Tex., Mark C. Rutzick, Dept. of Justice, Washington, D.C., for defendants-appellees.

Lawrence M. Mann, Washington, D.C., for intervenor-appellee.

Before GEE and JOHNSON, Circuit Judges, and VAN PELT, District Judge.

GEE, Circuit Judge:

In the fall of 1970, Congress enacted the Railway Safety Act, a comprehensive regulatory scheme granting broad rule-making authority in the interest of safety to the Secretary of Transportation.1 Among the Act's provisions is that codified as 45 U.S.C. § 438(a), reading in pertinent part:

It shall be unlawful for any railroad to disobey, disregard, or fail to adhere to any rule ... prescribed by the Secretary...

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