888 F. 2d 1227 - Railway Labor Executives' Association v. Interstate Commerce Commission

Before ARNOLD and FAGG, Circuit Judges, and HEANEY, Senior Circuit judge.

ORDER

On June 26, 1989, the Supreme Court granted a writ of certiorari in the above-entitled matter. --- U.S. ----, 109 S.Ct. 3209, 106 L.Ed.2d 561. It then vacated the judgment of this Court and remanded the case to us for further consideration in the light of Pittsburgh & Lake Erie Railroad Co. v. Railway Labor Executives' Association, --- U.S. ----, 109 S.Ct. 2584, 105 L.Ed.2d 415 (1989) (P & LE ).

This Court requested the parties to this appeal to file letter briefs with respect to the application of P & LE to the instant case. After a careful review of the decision of the United States Supreme Court and the letter briefs, we adopt the suggestion of the United States as set forth in the letter brief of the Department of Justice and set aside in toto the declaratory ruling by the Interstate Commerce Commission.