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

No. 90-3621.

930 F.2d 511 (1991)

RAILWAY LABOR EXECUTIVES' ASSOCIATION, and United Transportation Union, Petitioners, v. INTERSTATE COMMERCE COMMISSION, and United States of America, Respondents, CSX Transportation, Inc., and Wilmington Terminal Railroad, Inc., Intervenors.

United States Court of Appeals, Sixth Circuit.

Decided April 16, 1991.

Attorney(s) appearing for the Case

L. Pat Wynns, John O'B. Clarke, Jr. (argued), Highsaw, Mahoney & Clarke, Washington, D.C., for petitioners.

Robert S. Burk, Louis Mackall (argued), I.C.C., Office of the Gen. Counsel, Washington, D.C., for I.C.C.

Robert J. Wiggers, U.S. Dept. of Justice, Antitrust Div., Cathrine G. O'Sullivan, U.S. Dept. of Justice, Anti-Trust Div., Appellate Section, Washington, D.C., for U.S.

Donald G. Avery, Kelvin J. Dowd, Slover & Loftus, Washington, D.C., for Wilmington Terminal R.R., Inc.

Ronald M. Johnson (argued), Akin, Gump, Strauss, Hauer & Feld, Washington, D.C., Nicholas S. Yovanovic, CSXT Transp., Inc., Law Dept., Jacksonville, Fla., Lawrence H. Richmond, CSX Transp., Inc., Baltimore, Md., for CSX Transp., Inc.

Before MILBURN and BOGGS, Circuit Judges, and GILMORE, District Judge.

MILBURN, Circuit Judge.

Petitioners Railway Labor Executives' Association and United Transportation Union ("Rail Labor") seek review of an Interstate Commerce Commission ("ICC") decision which approved the sale and lease of a line of track and certain railroad equipment by one railroad to another without requiring the buyer, as a condition of its purchase, to negotiate with and hire the seller's employees who worked that line of track. For the reasons that follow...

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