BROTHERHOOD OF MAINT. OF WAY EMP. v. CONSOL. RAIL

No. 88-3522.

864 F.2d 283 (1988)

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES, the Pennsylvania Federation Brotherhood of Maintenance of Way Employees, David Gray, Jr., and Jerry M. Taylor, v. CONSOLIDATED RAIL CORPORATION, Appellant.

United States Court of Appeals, Third Circuit.

Decided December 27, 1988.


Attorney(s) appearing for the Case

Jeffrey H. Burton, Consolidated Rail Corp., Philadelphia, Pa., for appellant; Harry A. Rissetto, Morgan, Lewis & Bockius, Washington, D.C., of counsel.

John O.B. Clarke, Jr., L. Pat Wynns, Highsaw & Mahoney, P.C., Washington, D.C., for appellees.

Before SLOVITER and BECKER, Circuit Judges, and FULLAM, District Judge.


Submitted Under Third Circuit Rule 12(6) December 8, 1988.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Consolidated Rail Corporation (Conrail) appeals from the district court's order holding that two cases of employees dismissed for accident proneness should be remanded to the National Railroad Adjustment Board (NRAB) for further evidentiary findings. The initial question before us is whether we have jurisdiction over Conrail's appeal. We conclude...

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