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  5. 688 F.Supp. 98 (1988)
 

DECKER v. CSX TRANSP., INC.

Nos. CIV-87-1147C, CIV-87-1391C.

688 F.Supp. 98 (1988)

Thomas A. DECKER, As Local Chairman for the U.T.U.; U.T.U., Local 377; and Robert W. Earley, General Chairman, U.T.U. General Committee of Adjustment C & T, B & O System, Plaintiffs, v. CSX TRANSPORTATION, INC., Defendant. CSX TRANSPORTATION, INC., Plaintiff, v. UNITED TRANSPORTATION UNION ("UTU"); F.A. Hardin, President (UTU); J.A. Cianciotti, General Chairman, (UTU(E)); Robert Earley, General Chairman, B & O General Committee of Adjustment (UTU (C & T)); United Transportation Union Yardmasters Department ("RYA"); B.R. Carver, President (RYA); Richard P. Degenova, General Chairman (RYA); American Train Dispatchers Association ("ADTA"); R.J. Irvin, President (ATDA); D.W. Branham, General Chairman (ATDA); Brotherhood of Locomotive Engineers ("BLE"); L.D. McFather, President (BLE); J.A. LeClair, General Chairman ("BLE"); Brotherhood of Maintenance of Way Employees ("BMWE"); G.N. Zeh, President (BMWE); B.J. Twigg, General Chairman (BMWE); Transportation Communications Union ("TCU"); R.D. Kilroy, International President (TCU); R.F. Malcolm, General Chairman, C & O System Board of Adjustment, Brotherhood of Railway, Airline and Steamship Clerks ("BRAC"); L.H. Tackett, General Chairman, B & O System Board of Adjustment No. 6, BRAC; Transportation Communications Union, Carmen Division ("Carmen"); C.E. Wheeler, President, (Carmen); M.L. Crawford, General Chairman (Carmen); and International Association of Machinists and Aerospace Workers ("IAM"), Defendants.

United States District Court, W.D. New York.

May 26, 1988.

Attorney(s) appearing for the Case

Akin, Gump, Strauss, Hauer & Feld (Ronald M. Johnson, of counsel), Washington, D.C., Moot & Sprague (Courtland LaVallee, of counsel), Buffalo, N.Y., for plaintiffs.

Highsaw & Mahoney, P.C. (John O'Brien Clarke, Jr., of counsel), Washington, D.C., Collins, Collins & DiNardo (John F. Collins, of counsel), Buffalo, N.Y., for defendants.

CURTIN, Chief Judge.

This case presents an important question, still unsettled by prior precedent, as to the interaction of two federal statutes: the Railway Labor Act, 45 U.S.C. §§ 151-188 [RLA], and the Interstate Commerce Act, 49 U.S.C. §§ 10101-11917 [ICA]. The issue arises in the context of the pending sale by CSX Transportation, Inc. [CSXT], plaintiff in this action for injunctive and declaratory

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