BROTHERHOOD OF LOCOMOTIVE ENGINEERS, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
Missouri-Kansas-Texas Railroad Company, Denver & Rio Grande Western Railroad Company, Union Pacific Railroad Company, et al., Intervenors.
UNITED TRANSPORTATION UNION, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents,
Missouri-Kansas-Texas Railroad Company, Denver & Rio Grande Western Railroad Company, Union Pacific Railroad Company, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 4, 1984.
Decided May 3, 1985.
As Amended July 12, 1985.
Attorney(s) appearing for the Case
Harold A. Ross, Washington, D.C., with whom Gordon P. MacDougall, Washington, D.C., was on the brief, for petitioner in No. 83-2290.
John O'B. Clarke, Jr., Washington, D.C., for petitioner in No. 83-2317.
Sidney L. Strickland, Jr., Atty., I.C.C., Washington, D.C., with whom Robert S. Burk, Acting Gen. Counsel, and Henri F. Rush, Associate Gen. Counsel, I.C.C., J. Paul McGrath, Asst. Atty. Gen., and John J. Powers, III and Frederic Freilicher, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents.
John H. Caldwell and Denise M. O'Brien, Washington, D.C., and Kendall T. Sanford, Denver, Colo., were on the brief for intervenor Denver & Rio Grande Western R. Co.
James M. Verner, Ronald B. Natalie and Joseph L. Manson, III, Washington, D.C., and Michael E. Roper, Dallas, Tex., were on the brief for intervenor Missouri-Kansas-Texas R. Co. William C. Evans, Washington, D.C., entered an appearance for that intervenor.
James V. Dolan, Charles A. Miller, and Gregg H. Levy, Washington, D.C., and Nina K. Wuestling, St. Louis, Mo., were on the brief for intervenors Union Pacific R. Co. and Missouri Pacific R. Co.
Before WRIGHT and MIKVA, Circuit Judges, and MacKINNON, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge WRIGHT.
Dissenting opinion filed by Senior Circuit Judge MacKINNON.
J. SKELLY WRIGHT, Circuit Judge:
Two unions — the Brotherhood of Locomotive Engineers (BLE) and the United Transportation Union (UTU) — object to the Interstate Commerce Commission's interpretation of labor issues arising from ICC's approval of a railroad consolidation.
The unions claim that, when the dust settled from...
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