DANIELS et al v. UNION PACIFIC RAILROAD COMPANY et al

Federal Civil Lawsuit District Of Columbia District Court, Case No. 1:06-cv-00939-RCL
District Judge Royce C. Lamberth, presiding
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District Judge Royce C. Lamberth
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Summary

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Parties
No Logo Interim General Counsel, Plaintiff
Officially listed as "BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN"

Represented by JAMES & HOFFMAN

Name Phone Fax E-Mail
Space Edgar N. James +1 202 496 0500 +1 202 496 0555 ejames@jamhoff.com
No Logo CHARLES DANIELS, Plaintiff

Represented by JAMES & HOFFMAN

Name Phone Fax E-Mail
Space Edgar N. James +1 202 496 0500 +1 202 496 0555 ejames@jamhoff.com
v.
No Logo Federal Railroad Administration, Defendant

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Marian L. Borum +1 202 514 6531 +1 202 307 6059 Marian.L.Borum@usdoj.gov
No Logo LOCOMOTIVE ENGINEER REVIEW BOARD, Defendant

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Marian L. Borum +1 202 514 6531 +1 202 307 6059 Marian.L.Borum@usdoj.gov
Union Pacific Railroad Company Union Pacific Railroad Company, Defendant

Represented by Goodwin Procter, LLP

Name Phone Fax E-Mail
Space Donald J. Munro +1 202 346 4137 +1 202 346 4444 dmunro@goodwinprocter.com
Attributes
Office Washington, DC
Filed 5/18/2006
Jury Demand Plaintiff
Demand
Nature of Suit 190 - Contract: Other Contract Actions
Cause Section 28 U.S.C. § 1331 Fed. Question
Jurisdiction U.S. Government Defendant
Disposition Dismissed - Other
County 88888
Terminated 3/29/2007
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case '07-5114'['USCA']
Def Custody Status
Flags CLOSED, JURY, TYPE-K
Timeline
  Entries (46) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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USCA Mandate with OCR 36 Filed: 8/26/2008, Entered: 8/27/2008 USCA Mandate
MANDATE of USCA (certified copy) as to [34] Notice of Appeal, filed by BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN, CHARLES DANIELS, it is ORDERED and ADJUDGED that the judgmenet of the District Court appealed from in this cause is hereby affirmed, in accordance with the opinion of the court filed herein this date. (USCA No. 07-5114) (kb)
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Blank -- Filed: 4/13/2007, Entered: 4/13/2007 USCA Case Number
USCA Case Number 07-5114 for [34] Notice of Appeal, filed by BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN, CHARLES DANIELS. (tg, )
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Substitution of Counsel with OCR 35 Filed: 4/12/2007, Entered: 4/12/2007 Substitution of Counsel
NOTICE OF SUBSTITUTION OF COUNSEL by Marian L. Borum on behalf of LOCOMOTIVE ENGINEER REVIEW BOARD, FEDERAL RAILROAD ADMINISTRATION Substituting for attorney Peter D.Blumberg (Borum, Marian)
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Blank -- Filed: 4/10/2007, Entered: 4/10/2007 Transmission of Notice of Appeal and Docket Sheet
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re [34] Notice of Appeal, (tg, )
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Notice of Appeal with OCR 34 Filed: 4/9/2007, Entered: 4/9/2007, Terminated: 8/26/2008 Notice of Appeal
NOTICE OF APPEAL as to [33] Memorandum & Opinion, [32] Order on Motion to Dismiss, Order on Motion for Summary Judgment,, by CHARLES DANIELS, BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN. Filing fee $ 455, receipt number 1161903. Fee Status: Fee Paid. Parties have been notified. (James, Edgar)
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Memorandum and Opinion with OCR 33 Filed: 3/29/2007, Entered: 3/29/2007 Memorandum and OpinionCourt Filing
MEMORANDUM AND OPINION. Signed by Judge Royce C. Lamberth on 3/29/2007. (lcrcl1, )
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Order on Motion to Dismiss with OCR 32 Filed: 3/29/2007, Entered: 3/29/2007 Order on Motion to DismissCourt Filing
ORDER granting [13] Motion to Dismiss; denying [13] Motion for Summary Judgment; granting [21] Motion to Dismiss; denying [22] Motion for Summary Judgment. Signed by Judge Royce C. Lamberth on 3/29/2007. (lcrcl1, )
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Order on Motion for Leave to Appear Pro Hac Vice with OCR 31 Filed: 11/21/2006, Entered: 11/21/2006 Order on Motion for Leave to Appear Pro Hac ViceCourt Filing
ORDER granting [17] plaintiffs' Motion for Leave to Appear Pro Hac Vice, and ORDERING that Jorge Sanchez, Esq., is admitted Pro Hac Vice to the Bar of this Court for the purpose of appearing as plaintiffs counsel in the above-captioned matter. Signed by Judge Royce C. Lamberth on 11/21/06. (lcrcl2, )
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Order on Motion for Leave to Appear Pro Hac Vice with OCR 30 Filed: 11/21/2006, Entered: 11/21/2006 Order on Motion for Leave to Appear Pro Hac ViceCourt Filing
ORDER granting [16] plaintiffs' Motion for Leave to Appear Pro Hac Vice, and ORDERING that Thomas H. Geoghegan, Esq., is admitted Pro Hac Vice to the Bar of this Court for the purpose of appearing as plaintiffs? counsel in the above-captioned matter. Signed by Judge Royce C. Lamberth on 11/21/06. (lcrcl2, )
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Reply to opposition to Motion with OCR 29 Filed: 10/30/2006, Entered: 10/30/2006 Reply to opposition to Motion
REPLY to opposition to motion re [21] MOTION to Dismiss or, in the Alternative, for Summary Judgment filed by LOCOMOTIVE ENGINEER REVIEW BOARD, FEDERAL RAILROAD ADMINISTRATION. (Blumberg, Peter)
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Blank -- Filed: 10/25/2006, Entered: 10/25/2006 Set/Reset Deadlines:
Set/Reset Deadlines: Defendants Reply Memorandum due by 10/30/2006. (rje)
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Order on Motion for Extension of Time to File Resp with OCR 28 Filed: 10/24/2006, Entered: 10/24/2006 Order on Motion for Extension of Time to File RespCourt Filing
ORDER granting [27] defendants' Consent Motion for Extension of Time to File Reply, and ORDERING that defendants shall have through and including October 30, 2006, within which to file their reply memorandum. Signed by Judge Royce C. Lamberth on 10/24/06. (lcrcl2, )
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Motion for Extension of Time to File Response/Repl with OCR 27 Filed: 10/6/2006, Entered: 10/6/2006, Terminated: 10/24/2006 Motion for Extension of Time to File Response/Repl
Consent MOTION for Extension of Time to File Response/Reply as to [21] MOTION to Dismiss or, in the Alternative, for Summary Judgment by LOCOMOTIVE ENGINEER REVIEW BOARD, FEDERAL RAILROAD ADMINISTRATION. (Attachments: # (1) Text of Proposed Order)(Blumberg, Peter)
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Memorandum in Opposition with OCR 26 Filed: 9/28/2006, Entered: 9/28/2006 Memorandum in Opposition
Memorandum in opposition to re [21] MOTION to Dismiss or, in the Alternative, for Summary Judgment, [22] MOTION for Summary Judgment filed by CHARLES DANIELS, BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN. (Attachments: # (1) Statement of Facts # (2) Exhibit A# (3) Exhibit B# (4) Exhibit C)(James, Edgar)
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Order on Motion for Extension of Time to File Resp with OCR 25 Filed: 9/5/2006, Entered: 9/5/2006 Order on Motion for Extension of Time to File RespCourt Filing
ORDER granting [24] Plaintiff's Consent Motion for an Enlargement of Time to respond to Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment, and ordering that Plaintiff shall have until September 27, 2006 within which to respond to those motions. Signed by Judge Royce C. Lamberth on 9/5/06.(lcrcl2, )
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Blank -- Filed: 9/5/2006, Entered: 9/5/2006 Set/Reset Deadlines:
Set/Reset Deadlines: Plaintiffs Response to Dispositive Motions due by 9/27/2006. (rje)
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Motion for Extension of Time to File Response/Repl with OCR 24 Filed: 9/1/2006, Entered: 9/1/2006, Terminated: 9/5/2006 Motion for Extension of Time to File Response/Repl
Consent MOTION for Extension of Time to File Response/Reply to Defendants Motion to Dismiss or in the Alternative, for Summary Judgment by CHARLES DANIELS, BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN. (Attachments: # (1))(James, Edgar)
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Reply to opposition to Motion with OCR 23 Filed: 8/25/2006, Entered: 8/25/2006 Reply to opposition to Motion
REPLY to opposition to motion re [13] MOTION to Dismiss the First Amended Complaint and Memorandum of Points and Authorities in Support of Motion to Dismiss the First Amended Complaint, or, in the Alternative MOTION for Summary Judgment MOTION for Summary Judgment filed by UNION PACIFIC RAILROAD COMPANY. (Munro, Donald)
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Blank 22 Filed: 8/24/2006, Entered: 8/25/2006 Motion for Summary Judgment
MOTION (in the alternative) for Summary Judgment by LOCOMOTIVE ENGINEER REVIEW BOARD, FEDERAL RAILROAD ADMINISTRATION. (Please see Document No. [21] for scanned images). (nmw, )
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Motion to Dismiss with OCR 21 Filed: 8/24/2006, Entered: 8/24/2006, Terminated: 3/29/2007 Motion to Dismiss
MOTION to Dismiss or, in the Alternative, for Summary Judgment by LOCOMOTIVE ENGINEER REVIEW BOARD, FEDERAL RAILROAD ADMINISTRATION. (Attachments: # (1) Statement of Facts # (2) Exhibit Exhibits 1-13# (3) Text of Proposed Order)(Blumberg, Peter)
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Memorandum in Opposition with OCR 20 Filed: 8/21/2006, Entered: 8/21/2006 Memorandum in Opposition
Memorandum in opposition to re [13] MOTION to Dismiss the First Amended Complaint and Memorandum of Points and Authorities in Support of Motion to Dismiss the First Amended Complaint, or, in the Alternative MOTION for Summary Judgment MOTION for Summary Judgment filed by CHARLES DANIELS, BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN. (Attachments: # (1) Exhibit Administrator's Final Decision)(James, Edgar)
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Blank -- Filed: 7/20/2006, Entered: 7/20/2006 Set/Reset Deadlines:
Set/Reset Deadlines: Answer due by 8/24/2006. (lin, )
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Blank -- Filed: 7/20/2006, Entered: 7/20/2006 Set/Reset Deadlines:
Set/Reset Deadlines: Response to Dispositive Motions due by 8/21/2006. (lin, )
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Order on Motion for Extension of Time to Answer with OCR 19 Filed: 7/19/2006, Entered: 7/19/2006 Order on Motion for Extension of Time to AnswerCourt Filing
ORDER granting [15] motion for extension of time to answer; Federal Defendants shall answer, move or otherwise respond to the amended complaint by 8/24/06. Signed by Judge Royce C. Lamberth on 7/19/06. (lcrcl2, )
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Order on Motion for Extension of Time to Answer with OCR 18 Filed: 7/19/2006, Entered: 7/19/2006 Order on Motion for Extension of Time to AnswerCourt Filing
ORDER granting consent motion [14] for extension of time; plaintiffs shall file response to defendant's motion to dismiss by 8/21/06. Signed by Judge Royce C. Lamberth on 7/19/06. (lcrcl2, )
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Motion for Leave to Appear Pro Hac Vice with OCR 17 Filed: 7/19/2006, Entered: 7/19/2006, Terminated: 11/21/2006 Motion for Leave to Appear Pro Hac Vice
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jorge Sanchez. :Address- 77 West Washington Street, Suite 711, Chicago, IL 60602. Phone No. - 312-372-2511. Fax No. - 312-372-7391 by CHARLES DANIELS, BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN. (Attachments: # (1) # (2))(James, Edgar)
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Motion for Leave to Appear Pro Hac Vice with OCR 16 Filed: 7/19/2006, Entered: 7/19/2006, Terminated: 11/21/2006 Motion for Leave to Appear Pro Hac Vice
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thomas H. Geoghegan. :Address- 77 West Washington Street, Suite 711, Chicago, IL 60602. Phone No. - 312-372-2511. Fax No. - 312-372-7391 by CHARLES DANIELS, BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN. (Attachments: # (1) # (2))(James, Edgar)
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Motion for Extension of Time to File Answer with OCR 15 Filed: 7/18/2006, Entered: 7/18/2006, Terminated: 7/19/2006 Motion for Extension of Time to File Answer
Consent MOTION for Extension of Time to File Answer re [11] Amended Complaint by LOCOMOTIVE ENGINEER REVIEW BOARD, FEDERAL RAILROAD ADMINISTRATION. (Attachments: # (1) Text of Proposed Order)(Blumberg, Peter)
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Motion for Extension of Time to File Answer with OCR 14 Filed: 7/14/2006, Entered: 7/14/2006, Terminated: 7/19/2006 Motion for Extension of Time to File Answer
Consent MOTION for Extension of Time to File Answer by CHARLES DANIELS, BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN. (Attachments: # (1) Text of Proposed Order)(James, Edgar)
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Motion to Dismiss with OCR 13 Filed: 7/12/2006, Entered: 7/12/2006, Terminated: 3/29/2007 Motion to Dismiss
MOTION to Dismiss the First Amended Complaint and Memorandum of Points and Authorities in Support of Motion to Dismiss the First Amended Complaint, or, in the Alternative, MOTION for Summary Judgment by UNION PACIFIC RAILROAD COMPANY. (Attachments: # (1) Text of Proposed Order)(Munro, Donald)
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Notice of Appearance with OCR 12 Filed: 7/10/2006, Entered: 7/10/2006 Notice of Appearance
NOTICE of Appearance by Peter Blumberg on behalf of LOCOMOTIVE ENGINEER REVIEW BOARD, FEDERAL RAILROAD ADMINISTRATION (Blumberg, Peter)
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Blank -- Filed: 7/10/2006, Entered: 7/10/2006 Notice of Corrected Docket Entry
NOTICE OF CORRECTED DOCKET ENTRY: re [10] MOTION to Amend/Correct [1] Complaint, First Amended Complaint was entered in error as the filer used the wrong ECF event to docket the document. The clerk refiled the document under docket nunmber 11. (tg, )
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Amended Complaint with OCR 11 Filed: 7/7/2006, Entered: 7/10/2006 Amended Complaint
AMENDED COMPLAINT against UNION PACIFIC RAILROAD COMPANY, LOCOMOTIVE ENGINEER REVIEW BOARD, FEDERAL RAILROAD ADMINISTRATION filed by CHARLES DANIELS, BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN. (Attachments: # (1) Exhibit A)(tg, )
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Motion to Amend/Correct with OCR 10 Filed: 7/7/2006, Entered: 7/7/2006, Terminated: 7/10/2006 Motion to Amend/Correct
ENTERED IN ERROR.....MOTION to Amend/Correct [1] Complaint, First Amended Complaint by CHARLES DANIELS, BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN. (Attachments: # (1))(James, Edgar) Modified on 7/10/2006 (tg, ).
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Blank -- Filed: 7/7/2006, Entered: 7/7/2006 Set/Reset Deadlines:
Set/Reset Deadlines: Answer due by 7/14/2006. (lin, )
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Order on Motion for Extension of Time to with OCR 9 Filed: 6/27/2006, Entered: 6/27/2006 Order on Motion for Extension of Time toCourt Filing
ORDER granting defendant Union Pacific Railroad Company's unopposed motion [7] for extension of time and directing defendant to answer or otherwise plead to the complaint by 7/14/06. Signed by Judge Royce C. Lamberth on 6/27/06. (lcrcl2, )
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Blank -- Filed: 6/27/2006, Entered: 6/27/2006 Notice of Corrected Docket Entry
NOTICE OF CORRECTED DOCKET ENTRY: re [8] Unopposed MOTION for Extension of Time to Answer or Otherwise Plead was entered in error as it is a duplicate of docket number 7. The clerk confirmed with attorney before making this entry.(tg, )
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Motion for Extension of Time to with OCR 8 Filed: 6/26/2006, Entered: 6/26/2006, Terminated: 6/27/2006 Motion for Extension of Time to
ENTERED IN ERROR.....Unopposed MOTION for Extension of Time to Answer or Otherwise Plead by UNION PACIFIC RAILROAD COMPANY. (Munro, Donald) Modified on 6/27/2006 (tg, ).
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Motion for Extension of Time to with OCR 7 Filed: 6/26/2006, Entered: 6/26/2006, Terminated: 6/27/2006 Motion for Extension of Time to
Unopposed MOTION for Extension of Time to Answer or Otherwise Plead by UNION PACIFIC RAILROAD COMPANY. (Munro, Donald)
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Summons Returned Executed as to Federal Defendant with OCR 6 Filed: 6/20/2006, Entered: 6/20/2006 Summons Returned Executed as to Federal Defendant
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to FEDERAL RAILROAD ADMINISTRATION served on 5/31/2006, answer due 7/31/2006. (James, Edgar)
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Summons Returned Executed as to Federal Defendant with OCR 5 Filed: 6/20/2006, Entered: 6/20/2006 Summons Returned Executed as to Federal Defendant
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to LOCOMOTIVE ENGINEER REVIEW BOARD served on 6/5/2006, answer due 8/4/2006. (James, Edgar)
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Summons Returned Executed with OCR 4 Filed: 6/20/2006, Entered: 6/20/2006 Summons Returned Executed
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNION PACIFIC RAILROAD COMPANY served on 6/9/2006, answer due 6/29/2006 (James, Edgar)
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Summons Returned Executed as to US Attorney for DC with OCR 3 Filed: 6/20/2006, Entered: 6/20/2006 Summons Returned Executed as to US Attorney for DC
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. FEDERAL RAILROAD ADMINISTRATION served on 5/24/2006, answer due 7/24/2006 (James, Edgar)
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Summons Returned Executed as to Attorney General with OCR 2 Filed: 6/15/2006, Entered: 6/15/2006 Summons Returned Executed as to Attorney General
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General May 26, 2006. (James, Edgar)
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Complaint with OCR 1 Filed: 5/18/2006, Entered: 5/19/2006 Complaint
COMPLAINT against UNION PACIFIC RAILROAD COMPANY, LOCOMOTIVE ENGINEER REVIEW BOARD, FEDERAL RAILROAD ADMINISTRATION (Filing fee $ 350) filed by CHARLES DANIELS, BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN. (Attachments: # (1) Exhibit A)(tg, )
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Blank -- Filed: 5/18/2006, Entered: 5/19/2006 Summons Issued
Summons (5) Issued as to UNION PACIFIC RAILROAD COMPANY, LOCOMOTIVE ENGINEER REVIEW BOARD, FEDERAL RAILROAD ADMINISTRATION, U.S. Attorney and U.S. Attorney General (tg, )
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