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RILLING v. BURLINGTON NORTHERN R. CO.

No. 89-35190.

909 F.2d 399 (1990)

William A. RILLING, Plaintiff-Appellant, v. BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 30, 1990.

Attorney(s) appearing for the Case

Owen J. Wales, Seattle, Wash., for plaintiff-appellant.

Susan L. Pierini, Kurt W. Kroschel & Associates, Bellevue, Wash., for defendant-appellee.

Before FARRIS, PREGERSON and BOOCHEVER, Circuit Judges.

BOOCHEVER, Circuit Judge:

William A. Rilling appeals the magistrate's grant of summary judgment in favor of Burlington Northern Railroad Co. (Burlington or the company). Rilling alleges that Burlington breached labor protective conditions which the Interstate Commerce Commission (ICC) had imposed on Burlington pursuant to the merger which formed the company. The magistrate found that he had jurisdiction to determine the validity of a release which Rilling executed...

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