No. 89-2207.

896 F.2d 120 (1990)

Jimmy R. TRIAL, et al., Plaintiffs-Appellants, v. ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 12, 1990.

Attorney(s) appearing for the Case

Harry Lee Gillam, Jr., Scott Baldwin, Jr., Scott Baldwin, Baldwin & Baldwin, Marshall, Tex., for plaintiffs-appellants.

Michael A. Smith, John J. Fleps, Chicago, Ill., E. Lawrence Merriman, Merriman, Patterson & Allison, Longview, Tex., for defendant-appellee.

Before THORNBERRY, GARWOOD, and DUHE, Circuit Judges.

THORNBERRY, Circuit Judge:

Jimmy R. Trial, et al. ("appellants"), current and former employees of The Atchison, Topeka and Santa Fe Railway Company ("Santa Fe"), appeal from summary judgment granted to Santa Fe for lack of subject matter jurisdiction over the appellants' claims that Santa Fe improperly determined their wages and furloughs. We agree with the district court that the appellants did not allege a breach of the duty of fair representation by the United...

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