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DEMPSEY v. ATCHISON, TOPEKA AND SANTA FE RY. CO.

No. 93-1085.

16 F.3d 832 (1994)

Dennis T. DEMPSEY, Ronald E. Shaver, Raymond E. Young, et al., Plaintiffs-Appellants, v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, United Transportation Union, and J.G. Bailey, as General Chairman of United Transportation Union, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 25, 1994.

Rehearing and Suggestion for Rehearing Denied April 1, 1994.

Attorney(s) appearing for the Case

Harold A. Ross, Ross & Kraushaar, Cleveland, OH (argued), Marvin Gittler, Stephen J. Feinberg, Asher, Gittler, Greenfield, Cohen & D'Alba, Chicago, IL, for plaintiffs-appellants.

J. Stephen Poor, David J. Rowland (argued), Seyfarth, Shaw, Fairweather & Geraldson, Patrick J. Harrington, Robert Earl Harrington, Jr., Harrington, Thompson, Acker & Harrington, Jr., Chicago, IL, Norton N. Newborn, Cleveland, OH, for defendants-appellees.

Before FLAUM and MANION, Circuit Judges, and REYNOLDS, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied April 1, 1994.

MANION, Circuit Judge.

In the midst of a threatened national railway strike, the plaintiffs, the Brotherhood of Locomotive Engineers (BLE), and eight engineers employed by Atchison, Topeka, and Santa Fe Railway Company (Santa Fe), filed suit to preliminarily enjoin the enforcement of a side letter agreement to a collective bargaining agreement executed between Santa Fe and the United Transportation...

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