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RAILWAY LABOR EXECUTIVES' ASS'N v. I.C.C.

No. 89-70134.

958 F.2d 252 (1991)

RAILWAY LABOR EXECUTIVES' ASSOCIATION; International Association of Machinists and Aerospace Workers, District Lodge No. 19; and United Transportation Union, General Committee of Adjustment GO-887, Petitioners, v. INTERSTATE COMMERCE COMMISSION; and United States of America, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided February 1, 1991.

Petition for Rehearing Granted March 4, 1992.

Order and Amended Opinion March 4, 1992.

Attorney(s) appearing for the Case

Donald F. Griffin, Highsaw & Mahoney, Washington, D.C., for petitioners.

Lawrence H. Schecker, I.C.C., Washington, D.C., for respondents.

Guy Vitello, Chicago, Ill., and E. Barnett Prettyman, Jr., Hogan & Hartson, Washington, D.C., for respondents-intervenors.

Before FLETCHER and BEEZER, Circuit Judges, and FITZGERALD, District Judge.

ORDER

The panel has unanimously voted to grant the petition for rehearing. Judges Fletcher and Beezer have rejected the suggestion for rehearing en banc and Judge Fitzgerald recommended rejection.

The full court has been advised of the suggestion for rehearing en banc and no judge in active service has requested a vote to rehear the matter en banc.

An amended opinion is filed herewith and the clerk shall issue the mandate forwith.

BEEZER...

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