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BALLEW v. CONTINENTAL AIRLINES, INC.

No. 11-20279 Summary Calendar.

668 F.3d 777 (2012)

Edward S. BALLEW; Timothy J. Shannon; Craig P. Bowcock; William Bauer, Plaintiffs-Appellants, v. CONTINENTAL AIRLINES, INCORPORATED; Continental Pilots Retirement Plan, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 31, 2012.

Attorney(s) appearing for the Case

Thomas G. Moukawsher , Moukawsher & Walsh, L.L.C., Groton, CT, for Plaintiffs-Appellants.

W. Carl Jordan , Sean Michael Becker, Vinson & Elkins, L.L.P., Houston, TX, for Defendants-Appellees.

Before GARZA, SOUTHWICK and HAYNES, Circuit Judges.

HAYNES, Circuit Judge:

This appeal arises from the district court's order dismissing Plaintiffs-Appellants' ("Retirees") claim for lack of subject matter jurisdiction due to the Railway Labor Act's ("RLA") exclusive and mandatory dispute resolution process that applies to Retirees' claims. Retirees argue on appeal that the RLA does not apply to them because they are no longer "employees" as contemplated by the RLA, 45 U.S.C. §§ 151, 181. Alternatively, Retirees...

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