Opinion
No. 87-6169.
August 28, 1989.
William J. Birney, Highway Mahoney, Washington, D.C., for plaintiffs-appellants.
Ralph J. Moore, Jr., Shea Gardner, Washington, D.C., for amicus curiae: National Ry. Labor Conference.
A.L. Dent, III, Fulbright Jaworski, Houston, Tex., Benjamin R. Powel, McLeod, Alexander, Powel Apffel, Galveston, Tex., for City of Galveston, Texas.
Kelvin J. Dowd, Donald G. Avery, Slover Loftus, Washington, D.C., for Galveston Ry.
Appeal from the United States District Court for the Southern District of Texas.
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATESBefore RUBIN, POLITZ, and DUHE, Circuit Judges.
Considering the judgment of the Supreme Court of the United States in City of Galveston, Texas, v. Railway Labor Executives' Association, ___ U.S. ___, 109 S.Ct. 3207, 106 L.Ed.2d 559 (1989), the case is remanded to the district court with instructions to deny the request for an injunction and for such other action, if any, as may be consistent with the opinion of the Supreme Court in Pittsburgh Lake Erie Railroad Co. v. Railway Labor Executives' Association, ___ U.S. ___, 109 S.Ct. 2584, 105 L.Ed.2d 415 (1989).