(03-3-444)


(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:
                  (Norfolk Southern Railway Company


STATEMENT OF CLAIM: As shown in Docket No. MW 38001 and not
 repeated herein.

                    FINDINGS: The Third Division of the Adjustment Board finds:


That the dispute was certified to the Third Division of the Adjustment Board ex parte by the petitioning party; and

 Under date of February 26, 2009, the petitioning party addressed a formal communication to the Arbitration Assistant requesting withdrawal of this case from further consideration by the Division which request is hereby granted.

                        AWARD


      Claim withdrawn.


                      NATIONAL RAILROAD ADJUSTMENT BOARD

                      By Order of Third Division


Dated at Chicago, Illinois, this 1st day of April 2009.