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CONTINENTAL v. INTERNATIONAL BROTH. OF TEAMSTERS

No. 04-20136.

391 F.3d 613 (2004)

CONTINENTAL AIRLINES, INC., Plaintiff-Counter Defendant-Appellant, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, Defendant-Counter Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 15, 2004.

Attorney(s) appearing for the Case

Teresa S. Valderrama (argued), Baker Botts, Houston, TX, for Continental Airlines, Inc.

William Randell Wilder (argued), Baptiste & Wilder, Washington, DC, for Intern. Broth. of Teamsters.

Before BARKSDALE and PICKERING, Circuit Judges, and LYNN, District Judge.

LYNN, District Judge:

Continental Airlines, Inc. ("Continental") appeals the district court's grant of summary judgment in favor of Appellee International Brotherhood of Teamsters on Continental's action to vacate an arbitration award under the Railway Labor Act ("RLA"), 45 U.S.C. § 151 et seq., which reinstated an employee who was terminated for allegedly violating a "last chance agreement" after testing positive

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