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UNITED TRANSP. UNION v. SKINNER

Nos. 90-16741, 91-35911 and 91-36061.

975 F.2d 1421 (1992)

UNITED TRANSPORTATION UNION, Plaintiff-Appellant, v. Samuel K. SKINNER, Secretary of Transportation, et al., Defendants-Appellees. BROTHERHOOD OF LOCOMOTIVE ENGINEERS, et al., Plaintiffs-Appellees, v. Samuel K. SKINNER, Secretary of Transportation, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Submission Deferred February 19, 1992.

Resubmitted March 12, 1992.

Argued and Submitted March 12, 1992.

Decided September 22, 1992.

Attorney(s) appearing for the Case

Frederick L. Nelson, Hildebrand, McLeod & Nelson, Oakland, Cal., for plaintiff-appellant.

John F. Daly and Sara Landise, U.S. Dept. of Justice, Washington, D.C., for defendants.

Lawrence M. Mann, Apler & Mann, Washington, D.C., for plaintiff-appellee.

Ralph J. Moore, Jr., Shea & Gardner, Washington, D.C., for amicus curiae, Ass'n of American Railroads.

Before: SCHROEDER, REINHARDT, and KLEINFELD, Circuit Judges.

No. 90-16741: Argued February 11, 1992.

Nos. 91-35911, 91-36061: Argued and Submitted March 12, 1992.

REINHARDT, Circuit Judge:

These cases present the single question whether time spent by a railroad employee waiting for deadhead transportation from duty to his point of final release constitutes time on duty under the Hours of Service Act (HSA), 45 U.S.C. §§ 61-64b. Based on the language of the HSA and on its consistent interpretation by...

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