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RAILWAY LABOR EXEC. v. WHEELING & LAKE ERIE RY.

Civ. A. No. 90-0597-A.

741 F.Supp. 595 (1990)

RAILWAY LABOR EXECUTIVES' ASSOCIATION, et al., Plaintiffs, v. WHEELING & LAKE ERIE RAILWAY CO., Defendants, and Norfolk & Western Railway, et al., Intervenors.

United States District Court, E.D. Virginia, Alexandria Division.

July 11, 1990.

Attorney(s) appearing for the Case

John O'B Clarke, Jr., Highshaw, Mahoney & Clarke, P.C., Vienna, Va., for plaintiffs.

Timothy A. Harr, Oppenheimer Wolff & Donnelly, Robert H. Wheeler, Washington, D.C., for defendants.

Jeffrey S. Berlin, Richardson Berlin & Morvillo, Washington, D.C., for Norfolk & Western Ry. Co.

MEMORANDUM OPINION

ELLIS, District Judge.

This is the latest chapter in what may justly be called the Norfolk Southern System ("NS") spur line sale/lease saga. It is occasioned by the desire of the labor plaintiffs to put squarely in issue before the Fourth Circuit Court of Appeals the novel question whether the National Labor Relations Act's1 ("NLRA") successorship doctrine2 applies in the Railway...

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