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RAILWAY LABOR EXECUTIVES ASS'N v. DOLE

No. 83-4306.

760 F.2d 1021 (1985)

RAILWAY LABOR EXECUTIVES ASSOCIATION and J. Jay Stull, Plaintiffs-Appellants, v. Elizabeth DOLE, Secretary of Transportation, and Robert W. Blanchette, Administrator, Federal Railroad Administration, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 17, 1985.

Attorney(s) appearing for the Case

Lawrence M. Mann, Alper, Mann & Reiser, Washington, D.C., for plaintiffs-appellants.

Kenneth Gradia, Trial Atty., Edward R. Cohen, Robert S. Greenspan, Washington, D.C., for defendants-appellees.

Before GOODWIN and SCHROEDER, Circuit Judges, and JAMESON, District Judge.

GOODWIN, Circuit Judge.

A railroad labor organization and an individual railroad employee sued the Secretary of the Department of Transportation and the Administrator of the Federal Railroad Administration, a Department of Transportation division, for a declaratory judgment and injunction to require these agencies to enforce railroad statutes mandating assessment of penalties against railroads for safety violations. The district court held that the plaintiffs had...

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