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RIVES v. I.C.C.

No. 89-9530.

934 F.2d 1171 (1991)

Charles F. RIVES, II; Marv A. Seurer; Ronald D. Pester; Tom Hampleman; R.D. Griffin; John A. Cameron; Marv Slusser; Gene Dudley, Petitioners, v. INTERSTATE COMMERCE COMMISSION; United States of America, Respondents, Union Pacific Motor Freight Company, Intervenor.

United States Court of Appeals, Tenth Circuit.

June 6, 1991.

Attorney(s) appearing for the Case

Alex M. Lewandowski of Dysart Taylor Penner Lay & Lewandowski, Kansas City, Mo. (Michael J. Ogborn of Heron, Burchette, Ruckert & Rothwell, Denver, Colo., of counsel), for petitioners.

Laurence H. Schecker, Atty., I.C.C. (Robert S. Burk, Gen. Counsel, John J. McCarthy, Jr., Deputy Associate Gen. Counsel, I.C.C., James F. Rill, Asst. Atty. Gen., Catherine G. O'Sullivan and Andrea Limmer, Attys., Dept. of Justice, with him on the brief), Washington, D.C., for respondents.

J. Michael Hemmer of Covington & Burling, Washington, D.C. (Paul A. Conley, Jr. and William G. Barr, Omaha, Neb., of counsel), filed a brief on behalf of intervenor Union Pacific Motor Freight Co.

Before LOGAN and MOORE, Circuit Judges, and GREENE, District Judge.

LOGAN, Circuit Judge.

Eight former employees of the Union Pacific Motor Freight Company (petitioners) appeal a decision of the Interstate Commerce Commission (ICC) denying them labor protective conditions following consolidation of three major railroads. Petitioners contend that the ICC erred in determining that they were not entitled to mandatory labor protection under 49 U.S.C. § 11347, and, alternatively, in failing to exercise its discretion to award labor...

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