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BEARD v. CARROLLTON R.R.

Nos. 88-5910, 88-6280.

893 F.2d 117 (1989)

R. Paul BEARD and Scarlett Beard, Plaintiffs-Appellees, v. CARROLLTON RAILROAD and CSX Transportation, Inc., (88-5910); The Travelers and The Travelers Companies, (88-6280), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided December 28, 1989.

Order on Denial of Rehearing March 2, 1990.

Attorney(s) appearing for the Case

Ruth Helen Baxter (argued), Carrollton, Ky., for plaintiffs-appellees.

James G. Apple, James D. Moyer (argued), Robert M. Connolly, Stites & Harbison, Louisville, Ky., John David Cole (argued), Elizabeth Y. Downing, Cole, Broderick, Minton, Moore & Thornton, Bowling Green, Ky., for defendants-appellants.

Before WELLFORD and NELSON, Circuit Judges, and TAYLOR, District Judge.

DAVID A. NELSON, Circuit Judge.

This is an appeal from an order of remand. The action was filed originally in state court, but was removed to the federal district court as a case arising under the Railway Labor Act. After rejecting a suggestion by the plaintiffs that the removal was improper, the district court dismissed the first of the two counts in the complaint because of a failure to exhaust administrative remedies; in light of that determination (which is not...

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