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COPSY v. BROTHERHOOD OF LOCOMOTIVE ENGINEERS

No. 83-1596.

767 F.2d 676 (1985)

Rex W. COPSY, and John R. Reynolds, Plaintiffs-Appellants, v. BROTHERHOOD OF LOCOMOTIVE ENGINEERS, a National Labor Organization; John F. Systma, President of the Brotherhood of Locomotive Engineers; Division 451 of the Brotherhood of Locomotive Engineers, a Local Labor Organization; C.E. Hamm, Local Chairman of Division 451 of the Brotherhood of Locomotive Engineers; the Denver and Rio Grande Western Railroad Company, a Delaware corporation; United Transportation Union, a National Labor Organization; Al H. Chesser, President of the United Transportation Union; Local 24 of the United Transportation Union, a Local Labor Organization; Freddie W. Maxfield, Local Chairman of Local 24 of the United Transportation Union, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 3, 1985.

Attorney(s) appearing for the Case

Richard G. McManus, Jr. of Miles & McManus, Denver, Colo., for plaintiffs-appellants.

David B. Kiker of Morrisard & Rossi, P.C., Aurora, Colo., for defendants-appellees United Transp. Union and Local 24 of the United Transp. Union.

Harold A. Ross of Ross & Kraushaar Co., L.P.A., Cleveland, Ohio (Martin D. Buckley of Hornbein, MacDonald, Fattor & Buckley, Denver, Colo., with him on the brief), for appellees, Brotherhood of Locomotive Engineers and Division 45 of the Broth. of Locomotive Engineers.

Kathleen M. Snead, Denver, Colo., for the Denver and Rio Grande Western R. Co.

Before HOLLOWAY, Chief Judge, BREITENSTEIN, Circuit Judges and ANDERSON, District Judge.

BREITENSTEIN, Circuit Judge.

Appellants-plaintiffs, Copsy and Reynolds, sued a railroad, labor unions, and officers of the unions, seeking reinstatement to the positions of locomotive engineers and damages. The United States District Court for the District of Colorado dismissed the action because of the bar of the statute of limitations. The plaintiffs appeal. We affirm.

In 1971 the Denver and Rio Grande Western Railroad Company (D & RG) experienced a...

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