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AMERICAN TRAIN DISPATCHERS ASS'N v. I.C.C.

No. 91-1032.

949 F.2d 413 (1991)

AMERICAN TRAIN DISPATCHERS ASSOCIATION, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, CSX Transportation, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 22, 1991.

Attorney(s) appearing for the Case

Gordon P. MacDougall, Washington, D.C., for petitioner.

Virginia Strasser, Atty., ICC, with whom James F. Rill, Asst. Atty. Gen., John J. Powers, III, and Robert J. Wiggers, Attys., Dept. of Justice, and Robert S. Burk, Gen. Counsel, and Henri F. Rush, Deputy Gen. Counsel, ICC, Washington, D.C., were on the brief, for respondents. Dennis J. Starks, Atty., ICC, Washington, D.C., also entered an appearance, for respondent.

James D. Tomola, Jacksonville, Fla., and James S. Whitehead, Chicago, Ill., were on the brief, for intervenor.

Before SILBERMAN, D.H. GINSBURG, and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

A union, the American Train Dispatchers Association, petitions for review of an Interstate Commerce Commission order dismissing its complaint against a carrier, CSX Transportation, Inc., and in effect remitting it to arbitration of its dispute. Because the order of the ICC is not a final order, we lack jurisdiction to review...

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