RAILWAY LABOR EXECUTIVES'ASS'N v. United States, Civil Action No. 646—49.

• Court: United States District Courts. United States District Court (Columbia)
• Writing for the Court: CLARK, Circuit , and BAILEY and PINE, , sitting as a statutory three- court
• Citation: 84 F. Supp. 178
• Parties: RAILWAY LABOR EXECUTIVES' ASS'N v. UNITED STATES et al.
• Docket Number: Civil Action No. 646—49.
• Decision Date: 27 May 1949

84 F. Supp. 178

RAILWAY LABOR EXECUTIVES' ASS'N
v.
UNITED STATES et al.

Civil Action No. 646—49.

United States District Court District of Columbia.

May 27, 1949.

84 F. Supp. 179

Mulholland, Robie, McEwen & Hickey and Edward J. Hickey, Jr., Washington, D. C., for plaintiff.

Edward Dumbauld and William D. McFarlane, Special Assistants to the Attorney General; Herbert A. Bergson, Assistant Attorney General; and George Morris Fay, United States Attorney, Washington, D. C., for defendant.

Henry B. Curtis, Harry McCall, New Orleans, La., D. C. Fitch, Jr., Dallas, Tex., Henry L. Walker, and W. S. Macgill, Washington, D. C., for railroad intervenors.

Daniel W. Knowlton, Chief Counsel, Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

Before CLARK, Circuit Judge, and BAILEY and PINE, District Judges, sitting as a statutory three-judge court.

PINE, District Judge.

This is an action to set aside, in part, an order of the Interstate Commerce Commission. The defendants are the United States and the Interstate Commerce Commission. The City of New Orleans and certain railroad companies have been granted leave to intervene as defendants. All parties and intervenors have respectively moved for summary judgment. There is no genuine issue of a material fact.

The order involved herein granted the railroad interveners authority under the Interstate Commerce Act to rearrange their tracks incident to the construction of a Union Passenger Terminal in the City of New Orleans. Plaintiff seeks to set aside that part of the order making provision for protecting the interests of employees adversely affected by the grant of authority.

The total number of employees affected has been estimated at 1022. The number required to operate the Union Passenger Terminal has been estimated at 680. So far as feasible the personnel will be recruited from employees displaced. The estimates indicate a net displacement of from 300 to 350 employees. The physical consummation of the project will require four or five years.

The part of the order to which exception is taken provides as follows:

"We are of opinion that a fair and equitable arrangement for protecting the interests of employees adversely affected by the applicants' proposals here will be provided by conditions similar to conditions (4) to (9), inclusive, imposed by us in Oklahoma Ry. Co. Trustees Abandonment, 257 I.C.C. 177 (197-201) which are similar to those prescribed in Chicago, B. & Q. R. Co., Abandonment, supra, and our approval and authorization herein will be granted subject to those conditions."

The...