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DULUTH MISSABE v. INTERNATIONAL BROTHERHOOD

No. 00-3564.

264 F.3d 782 (2001)

DULUTH, MISSABE & IRON RANGE RAILWAY COMPANY, INC., Appellee, v. INTERNATIONAL BROTHERHOOD OF LOCOMOTIVE ENGINEERS, AFL-CIO 000-101 Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 30, 2001.

Attorney(s) appearing for the Case

Harold A. Ross, argued, Cleveland, OH (Richard A. Williams, Jr., on the brief), for appellant.

Jeffrey S. Berlin, argued, Minneapolis, MN (Mark E. Martin and Patricia A. Burke, on the brief), for appellee.

Before MURPHY, HEANEY and BEAM, Circuit Judges.

HEANEY, Circuit Judge.

This case involves a labor dispute between the Duluth, Missabe and Iron Range Railway Company ("DM & IR") and the Brotherhood of Locomotive Engineers ("Union"). The dispute was submitted to Public Law Board No. 5764 ("Board") under the Railway Labor Act (RLA), 45 U.S.C. §§ 151-163, 181-188. The arbitrator ruled in favor of the Union. DM & IR then asked the district court to set aside the award on the ground that it was in excess...

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