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SOUTHERN PACIFIC TRANS. CO. v. INT. BROTH. OF LOCOMOTIVE ENG.

Bankruptcy Nos. 90-4178-R, 90-4186-R.

752 F.Supp. 400 (1990)

SOUTHERN PACIFIC TRANSPORTATION COMPANY, et al., Plaintiffs, v. INTERNATIONAL BROTHERHOOD OF LOCOMOTIVE ENGINEERS, et al., Defendants. BROTHERHOOD OF LOCOMOTIVE ENGINEERS, Plaintiff, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, et al., Defendants.

United States District Court, D. Kansas.

November 13, 1990.

Attorney(s) appearing for the Case

Stephen D. Bonney, Jolley, Walsh & Hager, P.C., Kansas City, Mo., John O'B Clarke, Jr., Richard S. Edelman, David J. Strom, Highsaw, Mahoney & Clarke, P.C., Washington, D.C., for Intern. Broth. of Locomotive Engineers.

Connie R. DeArmond, U.S. Attorney's Office, Topeka, Kan., Clyde J. Hart, Jr., I.C.C., Washington, D.C., for I.C.C.

Mark L. Bennett, Jr., Bennett, Dillon & Callahan, Topeka, Kan., Robert S. Bogason, Southern Pacific Transp. Co., San Francisco, Cal., Dennis Arouca, Pepper, Hamilton & Scheetz, Philadelphia, Pa., Arthur E. Palmer, Goodell, Stratton, Edmonds & Palmer, Topeka, Kan., Thomas J. Knapp, Lawrence M. Stroik, Burlington Northern R. Co., Fort Worth, Tex., for defendants and counter-claimant.

MEMORANDUM AND ORDER

ROGERS, District Judge.

This court is once again confronted with the battle between certain railroads and a union representing locomotive engineers over the operation of trains between Kansas City and Chicago pursuant to a trackage rights agreement. The railroads involved are the Southern Pacific Transportation Company; St. Louis Southwestern Railway Company; Denver & Rio Grande Western Railroad Company; and SPCSL Corporation (collectively...

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