(Brotherhood of Maintenance of Way Employes Division - ( IBT Rail Conference PARTIES TO DISPUTE: (CP Rail System (former Delaware and Hudson ( Railway Company)

                  STATEMENT OF CLAIM: As shown in Docket No. MW-40679 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 pane by the petitioning party; and

 Under date of December 7, 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      Claim withdrawn.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 March 2010.