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BROTH. OF MAINTENANCE v. ST. JOHNSBURY & LAMOILLE

No. 1070, Docket 86-7079.

806 F.2d 14 (1986)

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES, Plaintiff-Appellee, v. ST. JOHNSBURY & LAMOILLE COUNTY RAILROAD/M.P.S. ASSOCIATES, INC.; St. Johnsbury and Lamoille County Railroad, Inc.; State of Vermont/Vermont Public Service Board/Vermont Transportation Authority; Wabash Valley Railroad Company, and Lamoille Valley Railroad Company, Defendants, Appeal of STATE OF VERMONT/Vermont Public Service Board/Vermont Transportation Authority, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

On Rehearing November 18, 1986.

Attorney(s) appearing for the Case

Samuel H. Press, Samuelson, Portnow & Little, Burlington, Vt., for St. Johnsbury and Lamoille County Railroad, Inc.

John A. Edmond, Guerrieri & Sweeney, Washington, D.C., for Brotherhood of Maintenance of Way Employees.

Before VAN GRAAFEILAND, WINTER, and MINER, Circuit Judges.

WINTER, Circuit Judge:

In our earlier decision, 794 F.2d 816 (2d Cir.1986), familiarity with which is assumed, we remanded the matter with instructions to vacate the judgment against the State of Vermont (the "State") and to enter judgment against defendant St. Johnsbury & Lamoille County Railroad, Inc. ("St. Johnsbury Railway")1 in the amount of the National Railroad Adjustment Board's ("NRAB") award...

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