John E. Cloney, Referee


              (Brotherhood of Maintenance of Way Employes


PARTIES TO DISPUTE:
              (The Chesapeake and Ohio Railway Company (Southern Region)


STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 1. The Carrier violated the Agreement when it assigned and used L. D. Wallen instead of cut-back Machine Operator E. C. Dorton to fill a temporary vacancy as Class 'A' 16, 17, 18, 21, 23, 25 and 31, 1983 (System File C-TC-1806/MG-4033).

 2. Cut-back Machine Operator E. C. Dorton shall be allowed the difference between what he would
              OPINION OF BOARD: The Board has been administratively advised that the parties have now s


        FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


        That the parties waived oral hearing;


That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act as approved June 21, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the Claim is moot.


                        A W A R D


        Claim dismissed.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest: i

        Nancy J. ever - Executive Secretary


Dated at Chicago, Illinois, this 29th day of October 1986.