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PIKOP v. BURLINGTON NORTHERN R. CO.

Nos. C7-84-1333, C4-85-1431.

390 N.W.2d 743 (1986)

Virginia PIKOP, Appellant, v. BURLINGTON NORTHERN RAILROAD COMPANY, Respondent, Clarence Patterson, et al., Defendants. and Romesh GULATI, Respondent, v. BURLINGTON NORTHERN RAILROAD COMPANY, petitioner, Appellant.

Supreme Court of Minnesota.

Rehearing Denied August 29, 1986.

Attorney(s) appearing for the Case

Michael P. McReynolds, Burlington Northern R. Co., St. Paul, for Burlington Northern R. Co., in No. C7-84-1333.

Robert Bennett, Daniel McInerny, Minneapolis, for Virginia Pikop.

Thomas P. Kane, Bethany K. Culp, St. Paul, for Burlington Northern R. Co., in No. C4-85-1431.

Michael Doshan, and Michael L. Weiner, Minneapolis, for Romesh Gulati.

Considered and decided by the court en banc without oral argument (C4-85-1431); heard, considered, and decided by the court en banc (C7-84-1333).

SCOTT, Justice.

Virginia Pikop and Romesh Gulati are former employees of Burlington Northern Railroad Company (Burlington Northern), who individually filed suit against the railroad in state court, claiming intentional infliction of emotional distress. Burlington Northern contends that both suits are preempted by the Railway Labor Act (RLA), 45 U.S.C. §§ 151-63 (1982), and/or the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60 (1982...

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