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BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY v. INTERNATIONAL BROTH. OF TEAMSTERS LOCAL 174

No. 97-35859.

203 F.3d 703 (2000)

BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY; Santa Fe Railway Company, Plaintiffs-Appellees, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL 174, an unincorporated association; Robert A. Hasegawa, an individual; Eric Smith, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Opinion Decided March 16, 1999.

Withdrawn and Rehearing Granted August 27, 1999.

Argued and Submitted on Rehearing October 21, 1999.

Decided February 15, 2000.

As Amended on Grant of Modification March 8, 2000.

Attorney(s) appearing for the Case

Roy T. Englert, Jr., Mayer, Brown & Platt, Washington, D.C. (argued); and Michael R. Rayton, Ryan, Swanson & Cleveland, Seattle, Washington (brief), for the plaintiffs-appellees.

Dmitri Iglitzin, Schwerin, Campbell & Barnard, Seattle, Washington (argued); Jonathan P. Hiatt, Washington, D.C., Earl Brown, Washington, D.C., and Marsha S. Berzon and Scott A. Kronland, of Altshuler, Berzon, Nussbaum, Berzon & Rubin, San Francisco, California (briefs), for the defendants-appellants.

Donald Munro, Shea & Gardner, Washington, D.C., for amicus Airline Industrial Relation Conference.

Before: HUG, Chief Judge, and SCHROEDER, PREGERSON, O'SCANNLAIN, TROTT, RYMER, HAWKINS, TASHIMA, SILVERMAN, GRABER, and McKEOWN, Circuit Judges.

Withdrawn and Rehearing En Banc Granted August 27, 1999.

PREGERSON, Circuit Judge:

This case requires us to decide the breadth of the term "labor dispute" as defined by the Norris-LaGuardia Act, 29 U.S.C. § 101 et seq. The union in this case threatened to picket a railroad unless the railroad agreed to subcontract work only to subcontractors who employ the union's members. We must decide whether the union and the railroad were engaged in a labor...

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