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INTERN. LONGSHOREMEN'S ASS'N v. NATIONAL MEDIATION BD.

No. 88-5179.

870 F.2d 733 (1989)

INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, AFL-CIO, Appellant, v. NATIONAL MEDIATION BOARD, North Carolina State Ports Authority, and North Carolina Ports Railway Commission, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 24, 1989.

Attorney(s) appearing for the Case

Ernest L. Mathews, with whom Thomas W. Gleason, New York City, was on the brief, for appellant.

Edward R. Cohen, Atty., U.S. Dept. of Justice, with whom John R. Bolton, Asst. U.S. Atty. Gen., Jay B. Stephens, U.S. Atty., John F. Cordes, Atty., U.S. Dept. of Justice, and Ronald M. Etters, General Counsel, Nat. Mediation Bd., Washington, D.C., were on the brief, for appellee Nat. Mediation Bd.

Dennis P. Myers, Asst. Atty. Gen. of State of N.C., Raleigh, N.C., was on the brief for appellee North Carolina State Ports Authority.

Roy A. Giles, Jr., Asst. Atty. Gen. of State of N.C., Raleigh, N.C., was on the brief for appellee North Carolina Ports Railway Com'n.

Before ROBINSON, MIKVA and BUCKLEY, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

This case involves the definition of "carrier" under the Railway Labor Act ("Act"), 45 U.S.C. § 151, First. Appellant, the International Longshoremen's Association, AFL-CIO ("ILA"), challenges the decision of the National Mediation Board ("NMB" or "Board") that the North Carolina State Ports Authority ("SPA") is not a "carrier" within the meaning of the Act. The district...

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