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DEVITA v. BURLINGTON NORTHERN, INC.

No. 72-1776.

494 F.2d 347 (1974)

Joe K. DEVITA, Plaintiff-Appellee, v. BURLINGTON NORTHERN, INC., successor in interest by merger to Great Northern Railway Company, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing May 8, 1974.

Attorney(s) appearing for the Case

Lawrence D. Silvernale, (argued), Seattle, Wash., Hugh A. Dressel, Spokane, Wash., for defendant-appellant.

William J. Powell, Spokane, Wash., for plaintiff-appellee.

Before CHAMBERS and SNEED, Circuit Judges, and BURNS, District Judge.

PER CURIAM:

The judgment of the district court setting aside the determinations of the National Railroad Adjustment Board, First Division, is reversed.

Devita, a locomotive engineer, was discharged for alleged insubordination and inducing insubordination.

At issue is whether Devita took an appeal in time from the company superintendent to a higher official, the general manager.1 Devita says he did not get timely notice...

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