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  5. 822 F.Supp. 797 (1991)
 

BURLINGTON NORTHERN v. UNITED TRANSP. UNION

Civ. A. Nos. 91-1851 (HHG), 91-1861.

822 F.Supp. 797 (1991)

BURLINGTON NORTHERN RAILROAD CO., et al., Plaintiffs, v. UNITED TRANSPORTATION UNION, Defendant, v. CHICAGO & NORTH WESTERN TRANSPORTATION CO., et al., Joined Counterclaim Defendants. UNITED TRANSPORTATION UNION, Plaintiff, v. UNITED STATES of America, Defendant, Burlington Northern Railroad Co., et al., Intervenors.

United States District Court, District of Columbia.

December 20, 1991.

Attorney(s) appearing for the Case

William J. Curtin, Harry A. Rissetto, Peter Buscemi, D. Michael Underhill, Judith C. Preston, Morgan, Lewis & Bockius, Washington, DC, for Burlington Northern R.R. Co., et al.

Clinton J. Miller, III, Gen. Counsel, United Transp. Union, Cleveland, OH, John A. Edmond, Mark Masling, Guerrieri, Edmond & James, Washington, DC, for United Transp. Union.

Ralph J. Moore, John Townsend Rich, D. Eugenia Langan, Shea & Gardner, Washington, DC, James P. Daley, Senior Vice President, General Counsel, and Secretary, Ronald J. Cuchna, Vice President-Law, Chicago and North Western Transp. Co., Chicago, IL, for Chicago and North Western Transp. Co.

A.L. Dent, III, Fulbright & Jaworski, Houston, TX, for Houston Belt & Terminal Ry. Co. and Port Terminal R.R. Ass'n.

Theodore C. Hirt, Eric D. Goulian, U.S. Dept. of Justice, Civil Div., Washington, DC, (Ronald M. Etters, Gen. Counsel Nat. Mediation Bd., of counsel), for defendant U.S.

MEMORANDUM

HAROLD H. GREENE, District Judge.

This case involves a dispute over the constitutionality and meaning of Public Law No. 102-29, 105 Stat. 169, which was signed into law by the President on April 18, 1991. Ten railroads have filed suit against the United Transportation Union (UTU) seeking a declaratory judgment that the law is constitutional. UTU, in turn, counter-claimed that the law exceeded the scope of congressional power under the Commerce...

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