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UNITED TRANSPORTATION UNION v. DELAWARE AND HUDSON RAILWAY, CO.

No. 96-CV-1762.

977 F.Supp. 570 (1997)

UNITED TRANSPORTATION UNION, Plaintiff, v. DELAWARE AND HUDSON RAILWAY, CO., and National Mediation Board, Defendants.

United States District Court, N.D. New York.

August 1, 1997.

Attorney(s) appearing for the Case

Gleason, Dunn, Walsh & O'Shea, Mark T. Walsh, of counsel, Albany, NY, for Plaintiff.

CP Legal Services, Timothy G. Mulcahy, of counsel, Clifton Park, NY and Sidley & Austin, Krista L. Edwards, of counsel, Washington, D.C., for Defendant Delaware & Hudson Railway.

U.S. Dep't of Justice, Theodore C. Hirt, Civil Division, of counsel, Washington, DC, for Defendant National Mediation Board.

MEMORANDUM-DECISION & ORDER

McAVOY, Chief Judge.

I. BACKGROUND

This case arises from the breakdown of negotiations between United Transportation Union ("UTU") and Delaware & Hudson Railway Company ("D & H") concerning a collective bargaining agreement. The second named defendant, National Mediation Board ("NMB"), is involved because it is attempting to force the parties to engage in statutorily required mediation. UTU seeks declaratory...

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