BURKIN v. BURLINGTON NORTHERN RAILROAD CO.

No. 49263.

690 S.W.2d 508 (1985)

John BURKIN, Appellant, v. BURLINGTON NORTHERN RAILROAD COMPANY, a corporation, R.I. Cherner and J.W. Tolbert, Respondents.

Missouri Court of Appeals, Eastern District, Division Three.

May 7, 1985.


Attorney(s) appearing for the Case

Jo B. Gardner, Monett, for appellant.

Donald E. Engle, Eric A. Cunningham, Jr., Daniel M. Buescher, St. Louis, for respondents.


CRIST, Judge.

Plaintiff appeals the dismissal of his petition on the ground the Railway Labor Act (RLA) preempted the subject matter of his action. We affirm.

The petition named as defendants the railroad, Trainmaster Cherner and Terminal Superintendent Tolbert. It is alleged defendants conspired against plaintiff following an on-the-job injury suffered by plaintiff and acted in concert to discharge him, following an investigation, for rule violations in connection...

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