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BOSTON AND MAINE CORP. v. BROTH. OF MAINTENANCE

No. 95-2344.

94 F.3d 15 (1996)

BOSTON AND MAINE CORPORATION, Plaintiff-Appellant, v. BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided August 30, 1996.

Attorney(s) appearing for the Case

David A. Handzo, Washington, DC, with whom Daniel F. Driscoll, Smith, Elliott, Smith and Garmey, Saco, ME, John H. Broadley, Andrew J. McLaughlin and Jenner & Block, Washington, DC, were on brief, for appellant.

Richard S. Edelman, Washington, DC, with whom John O'B. Clarke, Jr., Donald F. Griffin, Melissa B. Kirgis and Highsaw, Mahoney & Clarke, P.C., were on brief, for appellee.

Before TORRUELLA, Chief Judge, CUMMINGS and CYR, Circuit Judges.

TORRUELLA, Chief Judge.

Plaintiff-Appellant Boston & Maine Corporation (the "B & M") challenges the district court's denial of its motion for summary judgment and concurrent grant of summary judgment for Defendant-Appellee Brotherhood of Maintenance of Way Employees (the "BMWE"). The B & M had challenged the enforcement of certain of Public Law Board 4669's awards to the BMWE-affiliated claimants. The BMWE sought enforcement of the same awards, which the...

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