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BROTHERHOOD OF MAIN. DIVISION v. NORFOLK RY. CO.

No. 12-3415.

745 F.3d 808 (2014)

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES DIVISION/IBT, Plaintiff-Appellant, v. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 11, 2014.

Attorney(s) appearing for the Case

Harry W. Zanville , San Diego, CA, for Plaintiff-Appellant.

James S. Whitehead , Sidley Austin LLP, Chicago, IL, for Defendant-Appellee.

Before BAUER, MANION, and ROVNER, Circuit Judges.

BAUER, Circuit Judge.

The Brotherhood of Maintenance Way Employees ("the Brotherhood") filed for a permanent injunction to ban Norfolk Southern Railway Company's ("Norfolk") use of accident reconstruction reports in employee disciplinary investigations unless Norfolk adheres to additional pre-hearing procedures. The United States District Court for the Northern District of Illinois found that it lacked jurisdiction to grant the Brotherhood's request and dismissed...

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