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BURLINGTON NORTHERN INC. v. AMERICAN RY. SUP. ASS'N

No. 71 C 2002.

350 F.Supp. 897 (1972)

BURLINGTON NORTHERN INC., a corporation, Plaintiff, v. The AMERICAN RAILWAY SUPERVISORS ASSOCIATION, an unincorporated association, et al., Defendants.

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

August 21, 1972.

Attorney(s) appearing for the Case

J. R. Walker, St. Paul, Minn., T. G. Schuster, Chicago, Ill., Ralph J. Moore, Jr., Shea & Gardner, Washington, D. C., for plaintiff.

Alex Elson, Aaron S. Wolff, Elson, Lassers & Wolff, Chicago, Ill.; James R. Thompson, U. S. Atty., James Murray, Asst. U. S. Atty., Chicago, Ill.; Edward J. Hickey, Jr., Mulholland, Hickey & Lyman, Washington, D. C., for defendants.

MEMORANDUM OPINION AND ORDER

BAUER, District Judge.

This cause comes on cross-motions for summary judgment made pursuant to Rule 56 of the Federal Rules of Civil Procedure.

The following facts are uncontroverted: Plaintiff Burlington Northern Inc. ("Burlington Northern"), a Delaware corporation, is a "carrier" as defined by section 1 First of the Railway Labor Act ("RLA"), 45 U.S.C. § 151 First. Plaintiff was formed on March 2, 1970, by the...

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