Railway Labor Executives' Ass'n v. Wheeling & Lake Erie Railway Co.

MEMORANDUM OPINION

ELLIS, District Judge.

This is the latest chapter in what may justly be called the Norfolk Southern System (“NS”) spur line sale/lease saga. It is occasioned by the desire of the labor plaintiffs to put squarely in issue before the Fourth Circuit Court of Appeals the novel question whether the National Labor Relations Act’s 1 (“NLRA”) successorship doc-trine 2 applies in the Railway Labor Act 3 (“RLA”) context. Although the Court had previously indicated its view on this question, 4 the labor plaintiffs were concerned that the Fourth Circuit would not consider and decide the…