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MAINE CENTRAL R. CO. v. B.M.W.E.

No. 86-1875.

813 F.2d 484 (1987)

The MAINE CENTRAL RAILROAD COMPANY and the Portland Terminal Company, Plaintiffs, Appellants, v. BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 10, 1987.

As Amended March 12, 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.

Richard S. Edelman with whom John O'B. Clarke, Jr. and Highsaw & Mahoney, P.C., Washington, D.C., were on brief for defendant/appellee.

Jeffrey Clair, Dept. of Justice, with whom William Kanter, 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 United States, amicus curiae.

Before BOWNES, Circuit Judge, ROSENN, Senior Circuit Judge, and SELYA, Circuit Judge.

BOWNES, Circuit Judge.

Plaintiffs-appellants Maine Central Railroad Company and the Portland Terminal Company (collectively, Maine Central) brought an action in district court challenging the constitutionality of an Act of Congress. The challenged legislation imposed a moratorium on changes in the conditions of Maine Central's employment relationship with defendant-appellee, the Brotherhood of Maintenance of Way Employees (BMWE). The district court denied Maine Central...

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