CSX TRANSP., INC. v. BROTHERHOOD OF MAINTENANCE

No. 01-15410.

327 F.3d 1309 (2003)

CSX TRANSPORTATION, INC., Plaintiff-Counter-Defendant-Appellant Cross-Appellee, v. BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES, ("BMWE"), Allied Eastern Federation of the Brotherhood of Way Employees, Defendants-Counter-Claimants-Appellees Cross-Appellants, Southeast System Federation, BMWE, Defendant-Counter-Claimant.

United States Court of Appeals, Eleventh Circuit.

April 21, 2003.


Attorney(s) appearing for the Case

James F. Moseley, Stanley Maurice Weston, Moseley, Warren, Prichard & Parrish, P.A., Jacksonville, FL, Ronald Maurice Johnson, Michael E. Ferrans, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Washington, DC, for CSX Transp., Inc.

Richard S. Edelman, Washington, DC, for Defendants-Counter-Claimants-Appellees Cross-Appellants.

Before BIRCH and BLACK, Circuit Judges, and PROPST, District Judge.


BIRCH, Circuit Judge:

In this appeal, we decide whether damages are available under the Railway Labor Act ("RLA"), 45 U.S.C. §§ 151-164, to recover costs incurred by a carrier associated with a surprise illegal strike initiated by a union. Before reaching this query, we address whether this issue, as it arises between the parties, is precluded by collateral estoppel. Deciding that it does not preclude our determination of the case on its merits, we review...

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