RAILWAY LABOR EXECUTIVES' ASSOCIATION, Plaintiff-Appellant,
v.
STATEN ISLAND RAILROAD CORPORATION and Staten Island Railway Corporation, Defendants-Appellees,
Interstate Commerce Commission and United States of America, Intervenors-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued December 9, 1985.
Decided May 22, 1986.
Attorney(s) appearing for the Case
John O'B. Clarke, Jr., Washington, D.C. (William G. Mahoney, William J. Birney, Kimberly A. Madigan, Highsaw & Mahoney, P.C., of counsel), for plaintiff-appellant.
John J. Gallagher, Washington, D.C. (Ronald M. Johnson, Patricia A. Casey, Akin, Gump, Strauss, Hauer & Feld, Nicholas S. Yovanovic, of counsel), for defendant-appellee Staten Island Railroad Corp.
William F. Sheehan, Washington, D.C. (Shea & Gardner, of counsel), for defendant-appellee Staten Island R. Corp.
H. Glenn Scammel, Washington, D.C., Robert S. Burk, Gen. Counsel, Douglas H. Ginsburg, Asst. Atty. Gen., John J. McCarthy, Jr., Deputy Associate Gen. Counsel, and John J. Powers, III, Frederic W. Freilicher, attorneys, for intervenors-appellees ICC and United States of America.
Before VAN GRAAFEILAND, NEWMAN and MINER, Circuit Judges.
United States Court of Appeals, Second Circuit.
MINER, Circuit Judge:
The Railway Labor Executives' Association ("RLEA")1 appeals from a judgment of the United States District Court for the Eastern District of New York (Sifton, J.), dismissing for lack of subject matter jurisdiction, Fed.R.Civ.P. 12(b)(1), its complaint under the Railway Labor Act ("RLA"), 45 U.S.C. §§ 151-164, arising from the sale of railroad track from the Staten Island Railroad Corporation ("SIRC") to...
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