RAILWAY LABOR EXECUTIVES' ASS'N v. U.S.

Nos. 90-1484, 91-1024, 91-1066, 91-1185, 91-1261, 91-1272 and 91-1420.

987 F.2d 806 (1993)

RAILWAY LABOR EXECUTIVES' ASSOCIATION, Petitioner, v. UNITED STATES of America and the Interstate Commerce Commission, Respondents, Boston & Maine Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 12, 1993.


Attorney(s) appearing for the Case

John O'B. Clarke, Jr., with whom Elizabeth A. Nadeau, Washington, DC, was on the brief, for petitioner Railway Labor Executives' Ass'n.

Clinton J. Miller, III, Cleveland, OH, for petitioner United Transp. Union.

John O'B. Clarke, Jr., Washington, DC, Clinton J. Miller, III, Cleveland, OH, and Elizabeth A. Nadeau, Washington, DC, were on the joint brief, for petitioners Railway Labor Executives Ass'n and United Transp. Union.

John P. Cronin, North Billerica, MA, John H. Broadley, and Roger W. Pincus, Washington, DC, were on the brief, for petitioners Boston & Maine Corp., et al.

Clyde J. Hart, Atty., I.C.C. (ICC), with whom Robert S. Burk, Gen. Counsel, Henri F. Rush, Deputy Gen. Counsel, John J. McCarthy, Jr., Associate Gen. Counsel, and Virginia Strasser, Atty., ICC, Washington, DC, were on the brief, for respondents. John J. Powers, III and Robert J. Wiggers, Attys., Dept. of Justice, Washington, DC, also entered appearances for respondents.

Before: MIKVA, Chief Judge, and D.H. GINSBURG and RANDOLPH, Circuit Judges.


Per Curiam:

These consolidated cases represent a broad range of challenges to decisions of the Interstate Commerce Commission surrounding the efforts of Guilford Transportation Industries to lease rail lines and trackage rights from four of its subsidiaries to a fifth subsidiary. For the reasons that follow, we remand to the ICC its decision affirming an arbitrator's award that modified the collective bargaining agreements of certain employees. We affirm all...

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