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  5. 736 F.Supp. 1397 (1990)
 

RAILWAY LABOR EXECUTIVES' v. WHEELING ACQUISITION

Civ. A. No. 90-597-A.

736 F.Supp. 1397 (1990)

RAILWAY LABOR EXECUTIVES' ASSOCIATION, et al., Plaintiffs, v. WHEELING ACQUISITION CORP., Defendant, Norfolk and Western Railway Co., Intervenor.

United States District Court, E.D. Virginia, Alexandria Division.

May 15, 1990.

Attorney(s) appearing for the Case

John O'B Clarke, Jr. and David J. Strom, Highsaw, Mahoney & Clarke, P.C., Washington, D.C., for plaintiffs.

Timothy A. Harr and Robert H. Wheeler, Oppenheimer Wolff & Donnelly, Washington, D.C., for Wheeling Acquisition Corp.

Jeffrey S. Berlin and Mark E. Martin, Richardson, Berlin & Morvillo, Washington, D.C., for Norfolk and Western Ry. Co.

MEMORANDUM OPINION

ELLIS, District Judge.

Introduction

This unusual labor dispute1 comes before the Court on plaintiffs' Application for a Temporary Restraining Order ("TRO") and defendant's Motion to Dismiss Count I of the Complaint. The novel and central question presented is whether a company is a "carrier" under the Railway Labor Act ("RLA" or "the Act"), 45...

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