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UNITED TRANSP. UNION v. DOLE

No. 85-1114.

797 F.2d 823 (1986)

UNITED TRANSPORTATION UNION; K.K. Eckart; and R.V. McIntyre, Brotherhood of Locomotive Engineers, Plaintiffs-Appellants, v. Elizabeth DOLE, Secretary of Transportation, Department of Transportation; and John H. Riley, Administrator, Federal Railroad Administration, Defendants-Appellees, St. Louis Southwestern Railway Company, Defendant-in-Intervention, Appellee.

United States Court of Appeals, Tenth Circuit.

June 27, 1986.

Attorney(s) appearing for the Case

Deborah E. Reiser (Lawrence M. Mann, Alper, Mann & Reiser, with her, on brief), Washington, D.C., for plaintiffs-appellants.

Gregory A. Lee, of Marshall, Davis, Bennett & Hendrix, Topeka, Kan., Billie Stultz, Trial Atty., Federal R.R. Admin. (John M. Mason, Chief Counsel, Gregory B. McBride, Asst. Chief Counsel, Washington, D.C., Benjamin L. Burgess, Jr., U.S. Atty., and Robert Streepy, Asst. U.S. Atty., Kansas City, Kan., with her, on brief), (Mark L. Bennett, Jr., Topeka, Kan., with him on brief), for defendants-appellees.

Before BARRETT, LOGAN and ANDERSON, Circuit Judges.

BARRETT, Circuit Judge.

This appeal is brought by the United Transportation Union, the Brotherhood of Locomotive Engineers, and several individually named appellants (collectively referred to as UTU). In the trial court, UTU requested the following relief: an emergency order to abate, a writ of mandamus, preliminary and permanent injunctions, and a declaratory judgment for violations of the Hours of Service Act, 45 U.S.C...

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