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RAILWAY LABOR EXECUTIVES' ASS'N v. I.C.C.

No. 855, Docket 83-4191.

735 F.2d 691 (1984)

RAILWAY LABOR EXECUTIVES' ASSOCIATION, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Second Circuit.

Decided May 21, 1984.

Attorney(s) appearing for the Case

John O'B. Clarke, Jr., Washington, D.C. (Kimberly A. Madigan, Washington, D.C., Highsaw & Mahoney, P.C., Washington, D.C.), for petitioner.

Edward J. O'Meara, Atty. I.C.C., Washington, D.C. (J. Paul McGrath, Asst. Atty. Gen., John J. Powers, III, Frederic Freilicher, Attys., Dept. of Justice, Washington, D.C., John Broadley, Gen. Counsel, Henri F. Rush, Associate Gen. Counsel, I.C.C., Washington, D.C.), for respondents.

Louis H. Shereff, Shereff Brothers, New York City, for intervenor New York Cross Harbor Ry. Terminal Corp.

Malcolm B. Choset, Brooklyn, N.Y. (Wrenn & Schmid, Brooklyn, N.Y., Walter M. King, Jr., Washington, D.C., Christine A. Pasquariello, Brooklyn, N.Y.), for intervenors-respondents New York Dock Ry. and Brooklyn Eastern Dist. Terminal.

Before FRIENDLY, TIMBERS and MESKILL, Circuit Judges.

FRIENDLY, Circuit Judge:

Petitioner, Railway Labor Executives' Association ("RLEA"), is an association of the chief executive officers of twenty-one national labor organizations which represent virtually all of the country's organized railroad employees. It here petitions us to review and modify orders of the Interstate Commerce Commission ("ICC" or "Commission") relating to three small terminal railroads, Brooklyn Eastern District Terminal ("BEDT"), New York Dock...

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