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NORFOLK AND WESTERN RY. CO. v. BROTHERHOOD OF MAINT.

No. 86-3555.

795 F.2d 1169 (1986)

NORFOLK AND WESTERN RAILWAY COMPANY; Southern Railway Company; The Cincinnati, New Orleans and Texas Pacific Railway Company; The Alabama Great Southern Railroad Company; The New Orleans Terminal Company; Georgia Southern and Florida Railway Company; Central of Georgia Railroad Company; Georgia Northern Railway Company; Live Oak, Perry and South Georgia Railway Company; Tennessee Railway Company; Tennessee, Alabama & Georgia Railway Company; Atlantic and East Carolina Railway Company; Carolina and Northwestern Railway Company; Interstate Railroad Company, Appellees, v. BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES, O.M. Berge, President; J.W. Pugh, General Chairman; T.R. McCoy, Vice General Chairman; G.L. Hockaday, General Chairman; William McWreath, General Chairman; J.L. D'Anniballe, General Chairman; Sol Hammons, General Chairman; D.E. Deloach, General Chairman; M.A. Christie, International Vice President; B.L. Hall, International Vice President; W.E. Larue, International Vice President, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided July 11, 1986.

Attorney(s) appearing for the Case

John O'Brien Clarke, Jr., Roanoke, Va. (Thomas P. Murphy, Highsaw & Mahoney, P.C., Washington, D.C., Gary E. Tegenkamp, Fox, Wooten & Hart, Louis P. Malone, III, Roanoke, Va., General Counsel, Broth. of Maintenance of Way Employees, on brief), for appellants.

William B. Poff (W. Fain Rutherford, D. Stan Barnhill, Frank K. Friedman, Woods, Rogers & Hazlegrove, Richard A. Keeney, General Counsel, Law Dept., Norfolk Southern Corp., Roanoke, Va., on brief), for appellees.

Before WIDENER, HALL, and PHILLIPS, Circuit Judges.

K.K. HALL, Circuit Judge:

The Brotherhood of Maintenance of Way Employees, as well as certain of its officers and members (the "BMWE" or the "union"), appeal from an order of the district court preliminarily enjoining the union from picketing facilities of the Norfolk & Western Railway Company. We reverse.

In April, 1980, the Norfolk and Western Railway Company and other affiliated railroads ("N & W") filed suit against the BMWE under the Interstate...

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