MAINE CENT. R. v. BROTH. OF MAINTENANCE OF WAY EMP.

No. 87-1309.

835 F.2d 368 (1987)

The MAINE CENTRAL RAILROAD COMPANY, et al., Plaintiffs, Appellants, v. BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 11, 1987.


Attorney(s) appearing for the Case

John Spelman with whom Andrew O. Schiff and Klehr, Harrison, Harvey, Branzburg, Ellers & Weir, Philadelphia, Pa., were on brief, for plaintiffs, appellants.

Jeffrey Clair, Appellate Staff, Civ. Div., Dept. of Justice, with whom William Kanter, Appellate Staff, Civ. Div., Dept. of Justice, Richard K. Willard, Asst. Atty. Gen., Washington, D.C., and Richard S. Cohen, U.S. Atty., Portland, Me., were on brief, for defendant, appellee Nat. Mediation Bd.

Richard S. Edelman with whom John O'B. Clarke, Jr., and Highsaw & Mahoney, P.C., were on brief, for defendant, appellee Broth. of Maintenance of Way Employees.

Before COFFIN, ALDRICH and TORRUELLA, Circuit Judges.


TORRUELLA, Circuit Judge.

This case comes to us on Maine Central Railroad Company's appeal from summary judgment in its action seeking to enjoin operation of Pub.L. No. 99-431, 100 Stat. 987 (Sept. 30, 1986) (the "Second Act"). We consider, on appeal, whether Congress properly imposed certain financial burdens on Maine Central and its wholly-owned subsidiary, the Portland Terminal Co. (hereinafter, collectively, the "Railroad" or

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