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

No. 92-1397.

26 F.3d 1157 (1994)

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 June 28, 1994.

Attorney(s) appearing for the Case

Michael S. Wolly, Washington, DC, argued the cause, and filed the briefs, for petitioner. Erick J. Genser and Thomas A. Woodley entered appearances, for petitioner.

John J. McCarthy, Jr., Associate Gen. Counsel, Interstate Commerce Commission ("ICC"), Washington, DC, argued the cause, for respondents. With him on the brief, were Robert S. Burk, Gen. Counsel, and Henri F. Rush, Deputy Gen. Counsel, ICC, Washington, DC. Robert J. Wiggers, Atty., U.S. Dept. of Justice, Washington, DC, entered an appearance, for respondents.

William G. Mahoney, argued the cause, for movant-intervenor Railway Labor Executives' Ass'n. With him on the briefs, was John O'B. Clarke, Jr., Washington, DC.

James S. Whitehead, Chicago, IL, argued the cause, for intervenor CSX Transp., Inc. and amicus curiae National Ry. Labor Conference. With him on the brief, were Richard T. Conway, Ralph J. Moore, Jr., Washington, DC, and James D. Tomola, Jacksonville, FL.

Before WALD, BUCKLEY, and WILLIAMS, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

The American Train Dispatchers Association ("Union"), a union of railroad employees, petitions for review of an order of the Interstate Commerce Commission exempting CSX Transportation, Inc. ("CSXT") from provisions of the collective bargaining agreement ("CBA") between the Union and CSXT. Under its authority to oversee railway consolidations...

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