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  5. 893 F.2d 584 (1990)
 

GEN. COM. OF ADJ., UNITED TRANSP. UNION v. CSX RAILROAD CORP.

No. 89-5246.

893 F.2d 584 (1990)

GENERAL COMMITTEE OF ADJUSTMENT, UNITED TRANSPORTATION UNION, WESTERN MARYLAND RAILWAY COMPANY, Appellant, v. CSX RAILROAD CORPORATION, Appellee.

United States Court of Appeals, Third Circuit.

Decided January 5, 1990.

Rehearing and Rehearing Denied February 22, 1990.

Attorney(s) appearing for the Case

John O'B. Clarke, Jr. (argued), Richard S. Edelman, Highsaw & Mahoney, P.C., Washington, D.C., for appellant.

Ronald M. Johnson (argued), T. Jay Thompson, Akin, Gump, Strauss, Hauer & Feld, Washington, D.C. and Nicholas S. Yovanovic, CSX Transp., Inc., Jacksonville, Fla., for appellee.

Before HUTCHINSON, NYGAARD and WEIS, Circuit Judges.

Rehearing and Rehearing In Banc Denied February 22, 1990.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

General Committee of Adjustment, United Transportation Union, Western Maryland Railway Company (the Union) appeals the district court's order dismissing its complaint against CSX Transportation, Inc. (CSX, or the Railroad)1 and the court's order granting summary judgment for CSX on the counterclaim. By separate order...

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