BIRCH, Circuit Judge:
In this appeal, we decide whether damages are available under the Railway Labor Act ("RLA"), 45 U.S.C. §§ 151-164, to recover costs incurred by a carrier associated with a surprise illegal strike initiated by a union. Before reaching this query, we address whether this issue, as it arises between the parties, is precluded by collateral estoppel. Deciding that it does not preclude our determination of the case on its merits, we review...
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