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INTERNATIONAL BROTH. OF ELEC. WORKERS v. I.C.C.

No. 87-1629.

862 F.2d 330 (1988)

INTERNATIONAL BROTHERHOOD of ELECTRICAL WORKERS, Petitioner, v. INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents, Chicago & North Western Transportation Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 25, 1988.

Attorney(s) appearing for the Case

Michael S. Wolly, Washington, D.C., for petitioner.

Evelyn G. Kitay, Atty., I.C.C., with whom Robert S. Burk, Gen. Counsel, John J. McCarthy, Jr., Deputy Associate Gen. Counsel, I.C.C., John J. Powers, III and Robert J. Wiggers, Attys., Dept. of Justice, Washington, D.C., were on the joint brief, for respondents. John Fonte, Atty., Dept. of Justice, Washington, D.C., also entered an appearance, for respondent U.S.

Stuart F. Gassner and Christopher A. Mills, Chicago, Ill., were on the brief for intervenor, Chicago & North Western Transp. Co.

Before EDWARDS, BUCKLEY and WILLIAMS, Circuit Judges.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

In 1981, the Interstate Commerce Commission ("ICC" or "the Commission") authorized Chicago and North Western Transportation Company ("CNW") to abandon two rail lines. Under the terms of the authorization, CNW was required to apply employee protective conditions on behalf of workers adversely affected by the planned abandonments. When a dispute arose over the implementation...

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