RAILWAY LABOR EXECUTIVES' ASSOCIATION, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents, Norfolk and Western Railway Company, Burlington Northern Inc., Association of American Railroads, Mendocino Coast Railway, Inc., et al., Baltimore and Ohio Railroad Company, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 23, 1981.
Decided April 9, 1982.
Attorney(s) appearing for the Case
John O'B. Clarke, Jr., Washington, D.C., with whom William G. Mahoney, Washington, D.C., was on the brief for petitioner.
Richard T. Conway, Washington, D.C., with whom Harry J. Breithaupt, Jr., Washington, D.C., Ass'n of American Railroads, Peter J. Shudtz, Baltimore, Md., Baltimore and Ohio Railroad Co., et al., Barry McGrath and John D. Boelter, St. Paul, Minn., Burlington Northern, Inc., and Peter J. Hunter, Roanoke, Va., Norfolk and Western Ry. Co., were on the joint brief for intervenors.
Albert W. Laisy, Baltimore, Md., also entered an appearance for intervenors Baltimore and Ohio Railroad Co., et al., in No. 80-1295.
James M. Nicholson, also entered an appearance for intervenor, Mendocino Coast Ry., Inc., et al., in No. 80-1274.
John J. McCarthy, Jr., Atty., Interstate Commerce Commission, Washington, D.C., with whom Richard A. Allen, Gen. Counsel, Henri F. Rush, Associate Gen. Counsel, Interstate Commerce Commission, Sanford M. Litvack, Asst. Atty. Gen., John J. Powers, III and Kenneth P. Kolson, Attys., Dept. of Justice, Washington, D.C., were on the brief for respondents. James P. Tuite and Frederick W. Read, III, Attys. Interstate Commerce Commission, and Peter L. de la Cruz, Atty. Dept. of Justice, Washington, D.C., also entered an appearance for respondents.
Before GINSBURG, Circuit Judge, McGOWAN, Senior Circuit Judge and NICHOLS, Associate Judge, United States Court of Claims.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Senior Circuit Judge McGOWAN.
Separate statement filed by Judge NICHOLS, concurring in the result.
McGOWAN, Senior Circuit Judge:
Railway Labor Executives' Association ("RLEA")1 challenges, in three petitions consolidated before us,2 the Interstate Commerce Commission's interpretation of the minimum job protective conditions required by section 5(2)(f) of the Interstate...
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