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AMERICAN TRAIN DISPATCHERS v. NORFOLK SOUTHERN RY.

No. 93 C 5783.

857 F.Supp. 1276 (1994)

AMERICAN TRAIN DISPATCHERS DEPARTMENT OF the INTERNATIONAL BROTHERHOOD OF LOCOMOTIVE ENGINEERS, Petitioner, v. NORFOLK SOUTHERN RAILWAY COMPANY, Respondent.

United States District Court, N.D. Ill., Eastern Division.

July 21, 1994.

Attorney(s) appearing for the Case

Stephen Jay Feinberg, Marvin Gittler, Asher, Gittler, Greenfield, Cohen & D'Alba, Chicago, IL, Michael S. Wolly, Zwerdling, Paul, Leibig, Kahn, Thompson & Driesen, Washington, DC, for petitioner.

James Stanton Whitehead, Sidley & Austin, Chicago, IL, for respondent.

OPINION AND ORDER

NORGLE, District Judge:

Before the court are cross-motions of petitioner American Train Dispatchers Department of the International Brotherhood of Locomotive Engineers ("Union") and of respondent Norfolk Southern Railway Company ("Norfolk") for summary judgment. For the following reasons, the motion of the Union is denied, and the motion of Norfolk is granted.

BACKGROUND1

The...

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