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UNITED TRANSP. UNION v. SLATER

No. 97-1630.

149 F.3d 851 (1998)

UNITED TRANSPORTATION UNION, Petitioner, v. Honorable Rodney SLATER, Secretary of Transportation; United States Department of Transportation; Honorable Jolene Molitoris, Federal Railroad Administor; Federal Railroad Administration, Respondents. Norfolk and Western Railway Co., Intervenor on Appeal.

United States Court of Appeals, Eighth Circuit.

Decided July 16, 1998.

Attorney(s) appearing for the Case

Lawrence M. Mann, Washington, DC, argued (Clinton J. Miller III, Cleveland, OH, on the brief), for Petitioner.

Peter J. Plocki, Washington, DC, argued (Nancy E. McFadden, Paul M. Geier, Dale C. Andrews, S. Mark Lindsey, Daniel C. Smith, Billie A. Stultz, David H. Kasinoff, on the brief), for Respondents.

Kurt E. Reitz, Belleville, IL, argued (Thomas W. Alvey, Jr., Ann C. Barron, Belleville, IL, F. Blair Wimbush, Norfolk, VA, on the brief), for Intervenor on Appeal.

Before McMILLIAN and WOLLMAN, Circuit Judges, and STEVENS, District Judge.

McMILLIAN, Circuit Judge.

United Transportation Union (the union) petitions for review of a final order of the Federal Railroad Administration (the FRA), an agency within the Department of Transportation, holding that plans being carried out by Norfolk Southern Corporation (Norfolk) to renovate sleeping quarters at a switching yard in Moberly, Missouri, do not violate the Hours of Service Act (HSA), as amended in 1976, 49 U.S.C. § 21106. Norfolk and Western Railway...

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