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RUSSELL v. NATIONAL MEDIATION BD.

No. 82-1466.

714 F.2d 1332 (1983)

Laurence G. RUSSELL, William L. Hanna and Eddie D. Langwell, Plaintiffs-Appellants, v. NATIONAL MEDIATION BOARD, the Atchison, Topeka and Santa Fe Railway Company, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied November 28, 1983.

Attorney(s) appearing for the Case

Robert F. Gore, Nat'l Right to Work Legal Defense Foundation, Inc., Springfield, Va., John Cosmic, Amarillo, Tex., for plaintiffs-appellants.

Ann Sheadel, Atty., Dept. of Justice, Washington, D.C., for National Mediation Bd.

Joseph Guerrieri, Jr., John J. Sullivan, Washington, D.C., for Broth. of Railway, etc.

Before RUBIN and JOLLY, Circuit Judges, and PUTNAM, District Judge.

Rehearing and Rehearing En Banc Denied November 28, 1983.

E. GRADY JOLLY, Circuit Judge:

This case, one of first impression, involves the question of whether jurisdiction exists under the Railway Labor Act, 45 U.S.C. §§ 151-188, to review refusal by the National Mediation Board to process an employee's application to hold an election among a class of employees after the Board determined that those employees apparently desired to terminate collective...

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