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SHEEHAN v. UNION PAC. R. CO.

No. 76-2001.

576 F.2d 854 (1978)

Kermit Kimball SHEEHAN, Appellant, v. UNION PACIFIC RAILROAD COMPANY, a Utah Corporation, and National Railroad Adjustment Board, Fourth Division, an agency of the United States of America, Appellees.

United States Court of Appeals, Tenth Circuit.

Decided May 31, 1978.

Attorney(s) appearing for the Case

R. Clark Arnold, Reynolds & Arnold, Salt Lake City, Utah, for appellant.

Robert N. Weatherbee, Omaha, Neb. (Steven A. Goodsell, Salt Lake City, Utah, with him on brief), for appellee, Union Pac. R. Co.

Ramon M. Child, U. S. Atty. and Brent Ward, Asst. U. S. Atty., Salt Lake City, Utah, on brief, for appellee, Nat. R. Adjustment Bd., Fourth Division.

Before SETH, Chief Judge, and DOYLE and McKAY, Circuit Judges.

PER CURIAM.

The appellant Sheehan, a discharged employee of the Union Pacific Railroad, filed an action in the trial court to set aside or reverse a decision of the National Railroad Adjustment Board which had denied him a hearing on his discharge. The trial court treated defendants' motions as motions for summary judgment and granted them. The court thus did not disturb the Board's decision on the basis that the Board had jurisdiction to enter the order it did.<...

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