Esposito v. Commissioner

holding that where a rail carrier has presented evidence that arguably supports its claim of a contractually-based past practice covering a matter in dispute “the court’s inquiry must end; it is not for it to weigh, and decide who has the better of the argument” | not error to refuse to admit linguist’s testimony where contents of tape recorded conversation not outside the average person’s understanding | not error to refuse to admit linguist’s testimony where contents of tape recorded conversation not outside the average person’s understanding | a railroad's evidence of a union's acquiescence in a past extra-contractual practice resulted in characterization of a dispute as minor and consequent reversal of a status quo injunction entered in the union's favor | a railroad’s evidence of a union’s acquiescence in a past extra-contractual practice resulted in characterization of a dispute as minor and consequent reversal of a status quo injunction entered in the union’s favor