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CHICAGO, R. I. & P. RY. CO. v. NATIONAL MEDIATION BOARD

No. 69 C 347.

307 F.Supp. 417 (1969)

CHICAGO, ROCK ISLAND AND PACIFIC RAILWAY COMPANY, Plaintiff, v. NATIONAL MEDIATION BOARD, and Leverett Edwards, Howard G. Gamser and Francis A. O'Neil, Jr., Chairman and associate members, respectively, of the National Mediation Board, Defendants, Eugene E. Wells, Intervenor.

United States District Court N. D. Illinois, E. D.

November 21, 1969.

Attorney(s) appearing for the Case

E. D. Curlee and O. L. Houts, of Chicago, Ill., for plaintiff.

Thomas A. Foran, U. S. Atty., and Larry J. Cohen, Asst. U. S. Atty., for defendants.

Harold A. Sanford, Jr., of Gunther & Choka, Chicago, Ill., for intervenor.

MAROVITZ, District Judge.

MEMORANDUM OPINION

Cross Motions for Summary Judgment

This is an action by the Chicago, Rock Island and Pacific Railroad Company, a railroad carrier, to compel the National Mediation Board (NMB), an agency created by the Railway Labor Act, 45 U.S. C. § 154, to appoint a partisan member to a special board of adjustment pursuant to 45 U.S.C. § 153, second, in order to resolve a grievance claim filed on behalf of...

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