BROTHERHOOD OF TEAMSTERS v. WESTERN PACIFIC R. CO.

No. 86-1810.

809 F.2d 607 (1987)

BROTHERHOOD OF TEAMSTERS AND AUTO TRUCK DRIVERS LOCAL NO. 70 OF ALAMEDA COUNTY, Capp, Robert L.; Halliday, John P. Jr.; Lewis, Howard S.; Orman, Kenneth E.; Tamborski, John W.; Derrick, Robert L.; Hedge, Richard M.; Lydon, Daniel J.; Pratt, William H. Jr.; Trejo, August; DiCherico, Jeff; Hostnick, Donald D.; Morgan, Bill D.; Schilling, Barry M.; Undeen, Jon A.; DiCherico, Vincent T.; Howard, James E.; Morgan, Leslie T. and Swiney, Truman, Plaintiffs-Appellants, v. WESTERN PACIFIC RAILROAD COMPANY, Western Pacific Transport Company and Union Pacific Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 4, 1987.

As Amended April 21, 1987.


Attorney(s) appearing for the Case

David A. Rosenfeld and Stewart Weinberg, San Francisco, Cal., and David F. Offen-Brown, Oakland, Cal., for plaintiffs-appellants.

James C. Martin, Oakland, Cal., for defendants-appellees.

Before KENNEDY and BOOCHEVER, Circuit Judges, and STEPHENS, District Judge.


STEPHENS, Senior District Judge:

The individual plaintiffs and their union allege that the defendants are obligated to provide lifetime employment to the individual plaintiffs pursuant to a provision in a collective bargaining agreement. The district court denied plaintiffs' motion for a preliminary injunction and granted summary judgment in favor of defendants. This court concludes that the judgment should be vacated due to a lack of subject matter jurisdiction....

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