GENERAL COMMITTEE OF ADJ. v. BURLINGTON NORTHERN

Nos. 01-7068 and 01-7069.

295 F.3d 1337 (2002)

GENERAL COMMITTEE OF ADJUSTMENT, GO-386, et al., Appellees, v. BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 19, 2002.

Rehearing Denied September 9, 2002.


Attorney(s) appearing for the Case

Ralph J. Moore, Jr. argued the cause for appellants. With him on the briefs was Donald J. Munro.

Mark W. Pennak, Attorney, U.S. Department of Justice, argued the cause for amicus curiae United States of America, urging reversal. With him on the brief was William G. Kanter, Deputy Director, U.S. Department of Justice.

Robert J. DeLucia and Harry A. Rissetto were on the brief for amicus curiae Airline Industrial Relations Conference, urging reversal.

John O'B. Clarke, Jr. argued the cause for appellees General Committees of Adjustment.

Clinton J. Miller III argued the cause for appellee United Transportation Union.

Jeffrey A. Bartos was on the brief for amici curiae Transportation Communications International Union and Brotherhood of Locomotive Engineers, urging affirmance. Joseph Guerrieri, Jr. entered an appearance.

Before: SENTELLE and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.


Rehearing En Banc Denied September 9, 2002.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

This is an appeal from summary judgments entered in two separate actions consolidated by the District Court. Burlington Northern and Santa Fe R.R. Co. v. United Transp. Union, 141 F.Supp.2d 49 (D.D.C.2001). In District Court case No. 99-cv-3117, the Burlington Northern & Santa...

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