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COSBY v. I.C.C.

No. 84-1110.

741 F.2d 1077 (1984)

Ronald L. COSBY, et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents. Burlington Northern Railroad Company, Intervenor.

United States Court of Appeals, Eighth Circuit.

Decided August 22, 1984.

Rehearing and Rehearing Denied October 18, 1984.

Attorney(s) appearing for the Case

Frank W. Taylor, Alex M. Lewandowski, Ruth E. Bandoli, Kansas City, Mo., for petitioners; Griffin, Dysart, Taylor, Penner & Lay, P.C., Kansas City, Mo., of counsel.

Donald E. Engle, Nicholas P. Moros, William R. Power, St. Paul, Minn., Attys. for intervenor, Burlington Northern R. Co.

J. Paul McGrath, Asst. Atty. Gen., Barry Grossman, Frederic Freilicher, Attys., Dept. of Justice, Washington, D.C., John Broadley, Gen. Counsel, Lawrence H. Richmond, Deputy Associate Gen. Counsel, John J. McCarthy, Jr., Atty., I.C.C., Washington, D.C., for respondents.

Before HEANEY and FAGG, Circuit Judges, and COLLINSON, Senior District Judge.

Rehearing and Rehearing En Banc Denied October 18, 1984.

HEANEY, Circuit Judge.

Ronald L. Cosby and more than one hundred other terminated employees of the Frisco Transportation Company (FTC), a subsidiary of the St. Louis-San Francisco Railway Company (Frisco), requests this Court to review a decision of the Interstate Commerce Commission which denied them layoff benefits in accordance with employee protective conditions...

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