RAILWAY LABOR EXEC. v. WHEELING & LAKE ERIE RY.

No. 90-2683.

914 F.2d 53 (1990)

RAILWAY LABOR EXECUTIVES ASSOCIATION; Brotherhood of Locomotive Engineers; Brotherhood of Railroad Signalmen; International Association of Machinist and Aerospace Workers; International Brotherhood of Firemen and Oilers; Transportation Communications International Union; American Train Dispatchers Association; Brotherhood of Maintenance of Way Employees; Brotherhood of Railway Carmen; International Brotherhood of Electrical Workers; Sheet Metal Workers International Association, Plaintiffs-Appellants, v. WHEELING & LAKE ERIE RAILWAY COMPANY; Norfolk & Western Railway Company, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 17, 1990.

As Amended October 25, 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, argued (Mark E. Martin, Gregory W. Stevens, on brief), Richardson, Berlin & Morvillo, Washington, D.C., William P. Stallsmith, Jr., Norfolk, Va., Timothy A. Harr, Robert H. Wheeler, Oppenheimer, Wolff & Donnelly, Washington, D.C., 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 a preliminary injunction prohibiting the Unions from picketing facilities of intervenors/appellees Norfolk Southern Railway Co. and its subsidiaries ("NS") or from asking NS employees to aid displaced former NS employees in their dispute with appellee Wheeling & Lake Erie Railway Co. ("W & LE...

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