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NATIONAL R.R. PASSENGER CORP. v. TRANSPORT WORKERS

No. 03-7185.

373 F.3d 121 (2004)

NATIONAL RAILROAD PASSENGER CORPORATION, Appellant, v. TRANSPORT WORKERS UNION OF AMERICA, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 2, 2004.

Attorney(s) appearing for the Case

Thomas E. Reinert, Jr. argued the cause and filed the briefs for appellant.

Edward Himmelfarb, Attorney, U.S. Department of Justice, argued the cause for amicus curiae United States of America in support of appellant. With him on the brief were Peter D. Keisler, Assistant Attorney General, Roscoe C. Howard, Jr., U.S. Attorney, William G. Kanter, Attorney, Jeffrey A. Rosen, General Counsel, U.S. Department of Transportation, and Paul M. Geiger, Assistant General Counsel.

Richard S. Edelman argued the cause and filed the brief for appellees.

Before: GINSBURG, Chief Judge, and HENDERSON and ROGERS, Circuit Judges.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

Amtrak appeals an order of the district court denying its motion to enjoin five unions from conducting a one-day strike. Amtrak argues the district court should have enjoined the strike as a violation of the Railway Labor Act, 45 U.S.C. §§ 151 et seq. The Unions argue the RLA is inapplicable because the strike does not concern matters at issue in bargaining between...

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