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BROTHERHOOD OF LOCOMOTIVE ENGINEERS v. I.C.C.

No. 89-3918.

909 F.2d 909 (1990)

BROTHERHOOD OF LOCOMOTIVE ENGINEERS, et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION, Respondent, SouthRail Corporation, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided July 31, 1990.

Attorney(s) appearing for the Case

John O'B. Clarke, Jr., Donald F. Griffin (argued), Richard S. Edelman, William G. Mahoney, Highsaw & Mahoney, Washington, D.C., for Brotherhood of Locomotive Engineers and Railway Labor Executives' Assn.

Robert S. Burk, Virginia Strasser (argued), I.C.C., Office of the Gen. Counsel, Washington, D.C., for I.C.C.

John J. Powers, III, Robert J. Wiggers, U.S. Dept. of Justice, Antitrust Div., Cathrine G. O'Sullivan, U.S. Dept. of Justice, Antitrust Div. Appellate Section, Washington, D.C., for U.S.

Christopher Eric Hagerup, Kimberly A. Madigan, Weiner, McCaffrey, Brodsky & Kaplan, Washington, D.C., for Southrail Corp.

Before MILBURN and NELSON, Circuit Judges, and LIVELY, Senior Circuit Judge.

MILBURN, Circuit Judge.

Petitioners are two unions with members formerly employed by the Gulf and Mississippi Railroad ("GMR"), which intervenor SouthRail Corporation acquired in 1988. Petitioners insisted below that SouthRail was a rail carrier when it acquired GMR, and, therefore, the ICC should have subjected the acquisition to regulation under 49 U.S.C. § 11343, which would have required SouthRail to guarantee job security for former GMR employees. However...

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