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ENGLESON v. BURLINGTON NORTHERN R. CO.

No. 91-35546.

972 F.2d 1038 (1992)

Jerry L. ENGLESON, Steven A. Braaten; Kathryne E. Pike; Joseph M. Corcoran; David C. Wilmes; Michael R. Cunneen, Phillip E. Toldness; Jesse A. Wagner; Thomas W. Hulett; Timothy C. O'Neal; Roger W. Loe; Michael A. Sherrill; Brian D. Donaldson; Gary D. Halseth, Plaintiffs-Appellants, v. BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware Corporation, and Brotherhood of Railway Carmen, a Labor Union, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 6, 1992.

Attorney(s) appearing for the Case

Kurt M. Jackson, Hoyt and Blewett, Great Falls, Mont., for plaintiffs-appellants.

John A. Edmond, Guerrieri, Edmond & James, Washington, D.C., Turner C. Graybill, Graybill, Ostrem, Warner & Crotty, Great Falls, Mont., for defendant-appellee Broth. of Ry. Carmen.

Lawrence M. Stroik, Burlington Northern R.R., Ft. Worth, Tex., for defendant-appellee Burlington Northern R. Co.

Before: ALARCON, RYMER, and T.G. NELSON, Circuit Judges.

ALARCON, Circuit Judge:

Jerry L. Engleson and thirteen other persons ("Appellants") are employees or former employees of Burlington Northern Railroad Company ("Burlington"). They appeal from the district court's grant of summary judgment in favor of the Brotherhood of Railway Carmen ("the Union") and Burlington in this action against the Union for breach of the duty of fair representation and against Burlington for violations of the collective bargaining agreement...

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