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KUSHTO v. BROTH. OF RY., AIRLINE AND S.S. CLERKS

No. 86-1643.

818 F.2d 290 (1987)

Sandra KUSHTO; Darlene V. Hoyt; Kim Owens; Clara F. Stano; Ruby D. Breon; Nancy Marie Quinet; Thomas Frank Toth; Gwendolyn A. Geer; Linda Renehan; Lori A. Sweet; Cornelia M. Nedomatsky; Kathleen Newsome; Danita L. Tinner; Arleen M. Wells; Anita R. Claus; Stephen Fitzgibbon; Gregory D. Ryan; Gail P. Wilson; Sherri Kavalsky; David Kincaid; David Blackburn; John Kriss, Plaintiffs-Appellants, v. BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYEES; R.I. Kilroy, Individually and as International President of the Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employees; CSX Corporation, t/a The Chesapeake & Ohio Railway Company, Baltimore & Ohio Railroad, and affiliated lines; John W. Snow, Individually and as President and Chief Executive Officer of Chesapeake and Ohio Railway Company, a subsidiary of CSX Corporation, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 1, 1987.

Attorney(s) appearing for the Case

Harvey A. Epstein (Jeffrey N. Pritzker, Margolis, Pritzker & Epstein, P.A., Towson, Md., on brief), for plaintiffs-appellants.

John A. Edmond (Joseph Guerrieri, Jr., Jeanne M.L. Player, Guerrieri & Sweeney, P.C., Washington, D.C.), Jack L.B. Gohn (H. Russell Smouse, Melnicove, Kaufman, Weiner, Smouse & Garbis, P.A., Baltimore, Md., on brief), for defendants-appellees.

Before PHILLIPS and ERVIN, Circuit Judges, and MERHIGE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

ERVIN, Circuit Judge:

This dispute pits a number of individual members ("the plaintiffs") of the Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employees ("BRAC") against the Chesapeake & Ohio Railway Company ("the railroad" or "C & O"), their employer, in Count I, and against BRAC ("the union") in Count II. Count I alleges that the railroad breached a contract with the plaintiffs. Count II alleges that the union...

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