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AMERICAN TRAIN DISPATCHERS v. NORFOLK & WESTERN RY.

No. 90-3757.

937 F.2d 365 (1991)

AMERICAN TRAIN DISPATCHERS ASSOCIATION, Plaintiff-Appellant, v. NORFOLK & WESTERN RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 17, 1991.

Attorney(s) appearing for the Case

Marvin Gittler, Asher, Gittler, Greenfield, Cohen & D'Alba, Chicago, Ill., Michael S. Wolly, and Neil I. Ditchek, Mulholland & Hickey, Washington, D.C., for plaintiff-appellant.

James S. Whitehead, Sidley & Austin, Chicago, Ill., for defendant-appellee.

Before BAUER, Chief Judge, and WOOD, Jr. and KANNE, Circuit Judges.

HARLINGTON WOOD, Jr., Circuit Judge.

The American Train Dispatchers Association (ATDA) filed a petition in district court against Norfolk and Western Railway Company (N & W) under 45 U.S.C. § 153, First (q) seeking review of an arbitration award by the National Railroad Adjustment Board (Adjustment Board) regarding a labor dispute. The district court granted N & W's motion to dismiss under Fed.R.Civ.P. 12(b)...

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