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LONG ISLAND R. CO. v. NATIONAL MEDIATION BD.

No. 1015, Docket 82-6319.

703 F.2d 680 (1983)

The LONG ISLAND RAIL ROAD COMPANY, Plaintiff-Appellant, v. NATIONAL MEDIATION BOARD, Brotherhood of Railway, Airline and Steamship Clerks, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 25, 1983.

Attorney(s) appearing for the Case

Lewis B. Kaden, New York City (Davis Polk & Wardwell, New York City, Cheryl L. Pollak, New York City, of counsel), for plaintiff-appellant.

Angela M. Sousa, Civil Division, Dept. of Justice, Washington, D.C. (Anthony J. Steinmeyer, Civil Div., Dept. of Justice, Washington, D.C., Edward R. Korman, U.S. Atty., E.D.N.Y., J. Paul McGrath, Asst. Atty. Gen., Ronald M. Etters, Gen. Counsel, National Mediation Bd., Washington, D.C., of counsel), for defendants-appellees, Nat. Mediation Bd.

John J. Sullivan, Washington, D.C., Highsaw & Mahoney, P.C. (Joseph Guerrieri, Jr., William J. Donlon, Rockville, Md., Gen. Counsel, Brotherhood of Railway, Airline and Steamship Clerks, Mitchell M. Kraus, Asst. Gen. Counsel, Rockville, Md., of counsel), for defendants-appellees, Brotherhood of Railway, Airline and Steamship Clerks.

Before FEINBERG, Chief Judge, and TIMBERS and CARDAMONE, Circuit Judges.

PER CURIAM:

The Long Island Rail Road Company (LIRR) appeals from an order of the United States District Court for the Eastern District of New York, Mark A. Costantino, J., granting summary judgment for appellees National Mediation Board (the Board) and Brotherhood of Railway, Airline & Steamship Clerks (BRAC). This suit stems from the Board's ruling that two previously nonrepresented groups of LIRR employees were eligible for inclusion in already existing bargaining...

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