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UNITED TRANSP. UNION v. NATIONAL R.R. PASSENGER

No. 08-0854-CV.

588 F.3d 805 (2009)

UNITED TRANSPORTATION UNION and Carmen J. Famulare, Plaintiffs-Appellees, v. NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK), Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: December 9, 2009.

Attorney(s) appearing for the Case

Kevin C. Brodar, Associate General Counsel (Clinton J. Miller, III, General Counsel, on the brief), United Transportation Union, Cleveland, OH, for United Transportation Union and Carmen J. Famulare.

Thomas E. Reinert, Jr., (Jonathan C. Fritts and Kirsten B. White, on the brief), Morgan Lewis & Bockius, LLP, Washington, DC, for National Railroad Passenger Corporation (Amtrak).

Before: CABRANES and HALL, Circuit Judges, and SULLIVAN, District Judge.

RICHARD J. SULLIVAN, District Judge:

National Railroad Passenger Corporation (Amtrak) appeals from an order of the United States District Court for the Northern District of New York (Lawrence E. Kahn, Judge) granting United Transportation Union and Carmen J. Famulare's motion for summary judgment, denying Amtrak's motion for summary judgment, and setting aside an award issued by Public Law Board No. 6865 (the "Board"), a special adjustment board constituted...

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