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RAILWAY LABORERS EXECUTIVES' ASS'N v. U.S.

Nos. 84-7684, 85-7577.

811 F.2d 1327 (1987)

RAILWAY LABOR EXECUTIVES' ASSOCIATION, Petitioner, v. UNITED STATES of America and the Interstate Commerce Commission, Respondents. Railtex, Inc., and San Diego & Imperial Railroad Company, Inc., Respondent-Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided March 4, 1987.

Attorney(s) appearing for the Case

P. Lawrence McCaffrey, Jr., Washington, D.C., for respondent-intervenors.

John O'B. Clarke, Washington, D.C., for petitioner.

Dennis Starks, Washington, D.C., for respondents.

Before ALARCON, BRUNETTI and NOONAN, Circuit Judges.

NOONAN, Circuit Judge:

Railway Labor Executives' Association (RLEA) petitions for a review of the Interstate Commerce Commission (the Commission) refusal to impose labor protective conditions on Railtex and its subsidiary, the San Diego & Imperial Valley Railroad Company, Inc. (Imperial). We agree with the Commission that Imperial is a new carrier exempt under 49 U.S.C. § 10901 from the mandatory labor protective provisions of 49 U.S.C. § 11343 and that...

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