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RAILWAY LABOR EXEC. ASS'N v. CHESAPEAKE WESTERN RY.

Nos. 90-2677, 90-2697.

915 F.2d 116 (1990)

RAILWAY LABOR EXECUTIVES ASSOCIATION; American Railway & Airway Supervisors Association; American Train Dispatchers Association; Brotherhood of Locomotive Engineers; Brotherhood of Maintenance of Way Employees; Brotherhood of Railroad Signalmen; Brotherhood of Railway Carmen; International Association of Machinists & Aerospace Workers; International Brotherhood of Boilermakers and Blacksmiths; International Brotherhood of Electrical Workers; International Brotherhood of Firemen and Oilers; Sheet Metal Workers International Association; Transportation Communications International Union; Railroad Yardmasters of America; United Transportation Union, Plaintiffs-Appellants, and Hotel Employees and Restaurant Employees International Union; International Longshoremen's Association; National Marine Engineer's Association; Seafarers International Union of North America; Transport Workers Union of America, Plaintiffs, v. CHESAPEAKE WESTERN RAILWAY; Southern Railway Company; Norfolk & Western Railway Company; Norfolk Southern Corporation, Defendants-Appellees, and Carolina Coastal Railway, Incorporated, Defendant. RAILWAY LABOR EXECUTIVES ASSOCIATION; American Railway & Airway Supervisors Association; American Train Dispatchers Association; Brotherhood of Locomotive Engineers; Brotherhood of Maintenance of Way Employees; Brotherhood of Railroad Signalmen; Brotherhood of Railway Carmen; International Association of Machinists & Aerospace Workers; International Brotherhood of Boilermakers and Blacksmiths; International Brotherhood of Electrical Workers; International Brotherhood of Firemen and Oilers; Sheet Metal Workers International Association; Transportation Communications International Union; Railroad Yardmasters of America; United Transportation Union, Plaintiffs-Appellants, and Hotel Employees and Restaurant Employees International Union; International Longshoremen's Association; National Marine Engineer's Association; Seafarers International Union of North America; Transport Workers Union of America, Plaintiffs, v. CHESAPEAKE WESTERN RAILWAY; Southern Railway Company; Norfolk & Western Railway Company; Norfolk Southern Corporation, Defendants-Appellees, and Carolina Coastal Railway, Incorporated, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided September 17, 1990.

As Amended December 20, 1990.

Attorney(s) appearing for the Case

John O'Brien Clarke, Jr., argued (David J. Strom, on brief), Highsaw, Mahoney & Clarke, P.C., Washington, D.C., for plaintiffs-appellants.

Jeffrey Stephen Berlin, Richardson, Berlin & Morvillo, Washington, D.C., argued (Mark E. Martin, Richardson, Berlin & Morvillo, Washington, D.C., William P. Stallsmith, Jr., Norfolk, on brief), for defendants-appellees.

Before RUSSELL, WIDENER, and HALL, Circuit Judges.

K.K. HALL, Circuit Judge:

The Railway Labor Executives' Association and several other railroad labor unions ("Unions") appeal an order of the district court granting summary judgment dismissing the Unions' action against Norfolk Southern Railway Co. and some of its subsidiaries ("NS") seeking declaratory and injunctive relief under the Railway Labor Act ("RLA"), 45 U.S.C. §§ 151, et seq. We dismiss the appeal in part as moot, and affirm in all other...

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