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BROTH. OF LOCOMOTIVE ENG. v. BURLINGTON NORTHERN

No. 85-4138.

838 F.2d 1102 (1988)

BROTHERHOOD OF LOCOMOTIVE ENGINEERS, Plaintiff-Appellee, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 11, 1988.

Attorney(s) appearing for the Case

Harold A. Ross, Ross & Kraushaar Co., L.P.A., Cleveland, Ohio, for plaintiff-appellee.

Edward W. Mullen, Deacy & Deacy, Kansas City, Mo., Richard J. Schreiber, Fort Worth, Tex., for defendant-appellant.

Before TANG, PREGERSON, and ALARCON, Circuit Judges.

ALARCON, Circuit Judge:

Defendant/appellant Burlington Northern Railroad Company (hereinafter BN) appeals from the district court's grant of a permanent injunction in favor of plaintiff/appellee Brotherhood of Locomotive Engineers (hereinafter BLE). BLE had sought declaratory and injunctive relief to enjoin BN from using dogs (hereinafter sniffer dogs) trained to detect the presence of controlled substances on the person or in the personal effects of railroad employees...

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