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UNITED TRANSPORTATION U.E v. BURLINGTON NORTHERN, INC.

No. 71-1715.

470 F.2d 813 (1972)

UNITED TRANSPORTATION UNION E et al., Plaintiffs-Appellants, v. BURLINGTON NORTHERN, INC., Defendant-Appellee, and Brotherhood of Locomotive Engineers, Defendant-Intervenor-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 18, 1972.

Attorney(s) appearing for the Case

Patrick J. Foley, Rerat, Crill, Foley & Boursier, Minneapolis, Minn., for appellants.

Harold A. Ross, Cleveland, Ohio, for appellee, Brotherhood of Locomotive Engineers.

Barry McGrath, St. Paul, Minn., for appellee, Burlington Northern, Inc.

Before VAN OOSTERHOUT and MURRAH, Senior Circuit Judges, and HEANEY, Circuit Judge.

HEANEY, Circuit Judge.

The United Transportation Union appeals from a decision denying its request for a preliminary injunction and dismissing its complaint for lack of jurisdiction. See, United T.U.E., Gen. C. of Adj. v. Burlington Northern, Inc., 332 F.Supp. 486 (D.Minn.1971). We affirm because the dispute is one within the exclusive jurisdiction of the National Railroad Adjustment Board, and because facts have not been shown...

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