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BROTHERHOOD OF LOCOMOTIVE ENGINEERS v. I.C.C.

No. 82-1944.

808 F.2d 1570 (1987)

BROTHERHOOD OF LOCOMOTIVE ENGINEERS and United Transportation Union, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Missouri Pacific Railroad Company and Louisville and Nashville Railroad Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 9, 1987.

Attorney(s) appearing for the Case

Harold A. Ross, Cleveland, Ohio, and Gordon P. MacDougall, Washington, D.C., for petitioners.

Timm L. Abendroth, Atty., I.C.C., with whom John Broadley, General Counsel and Henri F. Rush, Associate General Counsel, I.C.C., Washington, D.C., were on the brief, for respondent I.C.C. John J. Powers, III, and Mark C. Del Bianco, Attys., Dept. of Justice, Washington, D.C., entered appearances for respondent United States of America.

R. Lyle Key, Jr., Louisville, Ky., for intervenor Louisville and Nashville R. Co.

Nina K. Wuestling, St. Louis, Mo., was on the brief for intervenor Missouri Pacific R. Co. Michael Thompson, St. Louis, Mo., also entered an appearance for Missouri Pacific R. Co.

Before WALD, Chief Judge, ROBINSON, Circuit Judge, and WRIGHT, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge SPOTTSWOOD W. ROBINSON, III.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

Presented for our review are two orders of the Interstate Commerce Commission dismissing complaints by the Brotherhood of Locomotive Engineers (the Brotherhood) and the United Transportation Union (United) against the Louisville and Nashville Railroad Company (L & N) and the Missouri Pacific Railroad Company (MoPac). These orders endeavored...

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