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BURLINGTON NORTHERN & SANTA FE RAILWAY CO. v. UNITED TRANSP.

Civil Action Nos. 99CV3117RBW, 00CV0043RBW.

290 F.Supp.2d 138 (2003)

BURLINGTON NORTHERN & SANTA FE RAILWAY CO. et al., Plaintiffs, v. UNITED TRANSPORTATION UNION, Defendant. General Committee of Adjustment GO-386, et al., Plaintiffs, v. Burlington Northern & Santa Fe Railway Co., et al., Defendants.

United States District Court, District of Columbia.

November 7, 2003.

Attorney(s) appearing for the Case

John O'Brien Clark, Jr., Highsaw, Mahoney & Clarke, Washington, DC, for General Committee of Adjustment.

Ralph Joseph Moore, Jr., Shea & Gardner, Washington, DC, for Burlington Northern & Santa Fe Railway Company.

Clinton Joseph Miller, III, Cleveland, OH, Robert S. Clayman, Joseph Guerrieri, Jr., Guerrieri, Edmond & Clayman, P.C., Washington, DC, for United Transportation Union.

Michael Stephen Wolly, Zwerdling, Paul, Leibig, Kahn & Wolly, P.C., Washington, DC, for International Brotherhood of Locomotive Engineers.

MEMORANDUM OPINION1

WALTON, District Judge.

These matters are currently before the Court on the parties' cross motions for summary judgment. For the reasons set forth below, the Court will grant summary judgment to the plaintiffs in case number 99cv3117 and will enter summary judgment for the defendants in case number 00cv0043.

I. Background

A. Factual Background2

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