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SCHEDULED SKYWAYS v. NAT. MEDIATION BD.

Nos. 83-1941, 83-2162.

738 F.2d 339 (1984)

SCHEDULED SKYWAYS, INC., Appellee, v. NATIONAL MEDIATION BOARD, Air Line Pilots Association, International, Appellant. SCHEDULED SKYWAYS, INC., Appellee, v. NATIONAL MEDIATION BOARD, Appellant, Air Line Pilots Association, International.

United States Court of Appeals, Eighth Circuit.

Decided July 6, 1984.

Rehearing Denied August 21, 1984.

Attorney(s) appearing for the Case

Gary Green, Robert A. McCullough, Washington, D.C., for Air Line Pilots Ass'n, Int'l.

Jefferson D. Kirby, III, Michael H. Campbell, Edward C. Brewer, III, Ford & Harrison, Atlanta, Ga., for Scheduled Skyways, Inc.

J. Paul McGrath, Asst. Atty. Gen., W. Asa Hutchinson, U.S. Atty., Fort Smith, Ark., Anthony J. Steinmeyer, John C. Hoyle, Attys., Civ. Div., Appellate Staff, Dept. of Justice, Washington, D.C., for Nat. Mediation Bd.; Ronald M. Etters, Gen. Counsel, National Mediation Board, Washington, D.C., of counsel.

Before McMILLIAN, Circuit Judge, HENLEY, Senior Circuit Judge, and ARNOLD, Circuit Judge.

Rehearing Denied in No. 83-1941 August 21, 1984.

ARNOLD, Circuit Judge.

The Air Line Pilots Association, International (ALPA), a labor organization, claims to represent pilots employed by Scheduled Skyways, Inc., a common carrier by air. Skyways denies that ALPA is the legally recognized bargaining agent for its pilots. Skyways claims that an order of the National Mediation Board (NMB) certifying ALPA as bargaining agent is invalid. The District Court

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