BURLINGTON NORTHERN R. CO. v. BMWE

No. 91-1440.

961 F.2d 86 (1992)

BURLINGTON NORTHERN RAILROAD CO., a corporation, Plaintiff-Appellant, v. BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES, an unincorporated association, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 9, 1992.


Attorney(s) appearing for the Case

Thomas J. Knapp, Lawrence M. Stroik, Charles W. Shewmake, Burlington Northern R. Co., Ft. Worth, Tex., for plaintiff-appellant.

Sanford Ross Denison, William A. Bon, Susan H. Durham, Irving, Tex., for defendants-appellees.

Before WISDOM, JONES, and SMITH, Circuit Judges.


Rehearing and Rehearing En Banc Denied July 9, 1992.

WISDOM, Circuit Judge.

The plaintiff-appellant, Burlington Northern Railroad Company ("BN"), contends that the district court erred by dismissing its demand for monetary relief. BN challenges the district court's application of Louisville & Nashville Railroad Co. v. Brown,1 a decision of this Court, to the facts of this case. BN also questions the continued validity...

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