STATE EX REL. KANSAS CITY RY. v. GANT

No. WD 39219.

738 S.W.2d 490 (1987)

STATE of Missouri ex rel. the KANSAS CITY RAILWAY COMPANY, Lawrence C. Pattison and Michael F. McClain, Relators, v. Honorable Jack E. GANT, Circuit Judge, Sixteenth Judicial Circuit, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Denied September 29, 1987.

Application to Transfer Denied November 17, 1987.


Attorney(s) appearing for the Case

R.B. Miller, III, Kansas City, for relators.

Richard L. Wasserstrom, Kansas City, for respondent.

Before GAITAN, P.J., KENNEDY, C.J., and LOWENSTEIN, J.


Motion for Rehearing and/or Transfer to Supreme Court Denied September 29, 1987.

GAITAN, Presiding Judge.

Relators herein sought original writs of mandamus and prohibition directed toward the Honorable Jack E. Gant alleging that the respondent erred in denying relators' motion to dismiss Counts II, III and IV of Rice's petition because those claims are preempted by the Railway Labor Act and therefore, the respondent lacks subject matter jurisdiction over those...

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