UNITED TRANSP. UNION v. CONSOLIDATED RAIL CORP.

Civ. A. Nos. 82-4, 82-7 and 82-2.

535 F.Supp. 697 (1982)

UNITED TRANSPORTATION UNION, Plaintiff, v. CONSOLIDATED RAIL CORPORATION, Defendant, and CONSOLIDATED RAIL CORPORATION, Plaintiff, v. UNITED TRANSPORTATION UNION, et al., Defendants. Thomas CANNON, Robert Stillwell, Donald R. Brewer, and David L. Peterson, On Behalf of Themselves and all Other Similarly Situated "Firemen" and "Train Service Employees" Affected by the Northeast Rail Service Act of 1981, Plaintiffs, v. CONSOLIDATED RAIL CORPORATION, Defendant.

Special Court Regional Rail Reorganization Act.

Certiorari Denied June 21, 1982.


Attorney(s) appearing for the Case

Norton N. Newborn, Gaines & Stern Co., L.P.A., Cleveland, Ohio, for the United Transportation Union.

Harry A. Rissetto, E. Carl Uehlein, Jr., Thomas E. Reinert, Jr., and Donald L. Havermann, Washington, D. C. and Dennis Alan Arouca, and David S. Fortney, Philadelphia, Pa. (Morgan, Lewis & Bockius, Washington, D. C., of counsel), for Consolidated Rail Corp.

Elizabeth A. Rodgers, Doyle, Playter, Novick & Berkin, Boston, Mass., for UTU Local Committee of Adjustment No. 1473, Local Chairmen Connors, Maloof and Casey.

Ronald L. Gilardi and Richard D. Gilardi, Gilardi & Cooper, Pittsburgh, Pa., for J. L. Arnold and Local 1418.

Cornelius D. Murray, Albany, N. Y. (O'Connell & Aronowitz, P. C., Thomas F. Gleason, Albany, N. Y., of counsel), for Thomas Cannon, et al.

J. Paul McGrath, Asst. Atty. Gen., Raymond M. Larizza, and Christine Nicholson, Dept. of Justice, Washington, D. C. (John H. Broadley, Chief Counsel and Grady C. Cothen, Jr., Federal Railroad Administration, Dept. of Transportation, Washington, D. C., of counsel), for the United States as defendant-intervenor.

Before FRIENDLY, Presiding Judge, and WISDOM and THOMSEN, Judges.


Certiorari Denied June 21, 1982. See 102 S.Ct. 2960.

FRIENDLY, Presiding Judge:

In this opinion we decide three cases, of which we have jurisdiction under § 1152(a) of the Northeast Rail Service Act of 1981 (NRSA), Pub.L.No. 97-35, 95 Stat. 357, relating to § 702 which was added to the Regional Rail Reorganization Act of 1973 (the RRR Act) by § 1143(a) of NRSA. We set forth the entire section in the margin.1

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