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BLACK v. INTERSTATE COMMERCE COMMISSION

No. 85-1820.

814 F.2d 769 (1987)

Jack O. BLACK and Patrick W. Simmons, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, CSX Transportation, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 31, 1987.

Attorney(s) appearing for the Case

Gordon P. MacDougall, Washington, D.C., for petitioners.

Evelyn G. Kitay, Atty., I.C.C., with whom Robert S. Burk, Gen. Counsel, Craig M. Keats, Deputy Associate Gen. Counsel, I.C.C., Catherine G. O'Sullivan and Andrea Limmer, Attys., Dept. of Justice, Washington, D.C., were on brief, for respondents.

R. Lyle Key, Jr., Jacksonville, Fla., was on brief, for intervenor, CSX Transp., Inc.

Before EDWARDS and BORK, Circuit Judges, and SWYGERT, Senior Circuit Judge.

Opinion PER CURIAM.

PER CURIAM:

The petitioners, officials of the United Transportation Union (UTU),1 ask us to review orders of the Interstate Commerce Commission (the ICC) denying Missouri Pacific Railroad (MP) employees the labor-protective conditions of 49 U.S.C. § 10903(b)(2).2 The issue of statutory labor protection arose in connection with Seaboard System Railroad, Inc.'s (Seaboard)

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