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ALCORN v. BURLINGTON NORTHERN R. CO.

No. 88-2412NE.

878 F.2d 1105 (1989)

A.E. ALCORN; Z.H. Lewellen; R.E. Carlson; R.V. Yates; T.W. Neihart; L.J. Meehan; L.C. Yates; J.R. Thorstenson; B. Galbreck; R.R. Hemley; R. Koch; and M. Anderson, Appellants, v. The BURLINGTON NORTHERN RAILROAD COMPANY, a Corporation; and the International Brotherhood of Locomotive Engineers, a Labor Union, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 10, 1989.

Attorney(s) appearing for the Case

Louis Thrasher, Lincoln, Neb., for appellants.

Harold A. Ross, Cleveland, Ohio and Thomas J. Knapp, Fort Worth, Tex., for appellees.

Before JOHN R. GIBSON, Circuit Judge, MARKEY, Chief Judge, and HENLEY, Senior Circuit Judge.

MARKEY, Chief Judge.

A.E. Alcorn, Z.H. Lewellen, R.E. Carlson, R.V. Yates, T.W. Neihart, L.J. Meehan, L.C. Yates, J.R. Thorstenson, B. Galbreck, R.R. Hemley, R. Koch, and M. Anderson (collectively appellants) appeal from the district court's1 dismissal of their complaint. We affirm.

I. BACKGROUND

In the late 1970's, two major midwestern railroads, the Chicago, Rock Island and Pacific Railroad (Rock Island) and the Chicago...

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