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RAILWAY LABOR EXECUTIVES ASS'N v. I.C.C.

No. 88-1391.

883 F.2d 1079 (1989)

RAILWAY LABOR EXECUTIVES ASSOCIATION, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Missouri-Kansas-Texas Railroad Co., Union Pacific Corp., Southern Pacific Transportation Co., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 29, 1989.

Attorney(s) appearing for the Case

Richard S. Edelman, with whom William G. Mahoney and John O.B. Clarke, Jr., Washington, D.C., were on the brief, for petitioner.

Laurence H. Schecker, Atty., I.C.C., with whom Robert S. Burk, Gen. Counsel, and John J. McCarthy, Jr., Deputy Associate Gen. Counsel, I.C.C., were on the brief, for respondents. John J. Powers III and Robert J. Wiggers, Attys., U.S. Dept. of Justice, Washington, D.C., entered appearances for respondents.

Gregg H. Levy, with whom Charles A. Miller, Arvid E. Roach II, James V. Dolan, Washington, D.C., Mark B. Goodwin, Thurmond A. Miller, and John MacDonald Smith, San Francisco, Cal., were on the brief, for intervenors.

Before WALD, Chief Judge, and ROBINSON and BUCKLEY, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

The Railway Labor Executives Association, a union representing rail carrier employees, petitions for review of an Interstate Commerce Commission order approving a rail carrier consolidation application. In its approval order, the Commission purported to relieve the participants in the transaction from their obligations under the Railway Labor Act and applicable collective bargaining...

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