Wheeling & Lake Erie Railway v. Brotherhood of Locomotive Eng


AMENDED OPINION and JUDGMENT filed : The district court s holding that the dispute is minor is REVERSED, the portion of the preliminary injunction granting relief to Wheeling & Lake Erie Railway Company on the parties dispute over using supervisors as conductors is VACATED, and the case is REMANDED for further proceedings consistent with the opinion of this court. Decision for publication. Damon J. Keith, Karen Nelson Moore, and Jane Branstetter Stranch (AUTHORING), Circuit Judges.

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Case: 13-4356 Document: 35-1 Filed: 06/26/2015 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Deborah S. Hunt Clerk Tel. (513) 564-7000 www.ca6.uscourts.gov Filed: June 26, 2015 Mr. Ronald M. Johnson Jones Day 51 Louisiana Avenue, N.W. Washington, DC 20001 Ms. Leigh A. Maxa Mr. John B. Schomer Krugliak, Wilkins, Griffiths & Dougherty 50 S. Main Street, Suite 501 Akron, OH 44308 Ms. Karen Soehnlen McQueen Krugliak, Wilkins, Griffiths & Dougherty P.O. Box 36963 Canton, OH 44735 Ms. Margo Pave Mr. Michael Stephen Wolly Zwerdling, Paul, Kahn & Wolly 1025 Connecticut Avenue, N.W., Suite 712 Washington, DC 20036 Re: Case No. 13-4356, Wheeling & Lake Erie Ry. v. Bhd. of Locomotive Eng’rs Originating Case No. : 5:13-cv-02105 Dear Counsel, The court today released an amended opinion in the above-styled case. Enclosed is a copy of the court's opinion together with the amended judgment which has been entered in conformity with Rule 36, Federal Rules of Appellate Procedure. Yours very truly, Deborah S. Hunt, Clerk Case: 13-4356 Document: 35-1 Cathryn Lovely Deputy Clerk cc: Ms. Geri M. Smith Enclosures Mandate to issue. Filed: 06/26/2015 Page: 2

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