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  5. 898 F.2d 413 (1990)
 

VOLLMAR v. CSX TRANSP., INC.

Nos. 89-2337, 89-2343.

898 F.2d 413 (1990)

John VOLLMAR; James Mitchell, on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellants, v. CSX TRANSPORTATION, INC., Defendant-Appellee. John VOLLMAR; James Mitchell, on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellees, v. CSX TRANSPORTATION, INC., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Rehearing and Rehearing Denied April 3, 1990.

Attorney(s) appearing for the Case

Richard Allison Allen, Zuckert, Scoutt & Rasenberger, Washington, D.C. (Jayme Rizzolo Epstein, Sherrice A. Knisely, Zuckert, Scoutt & Rasenberger, Washington, D.C., on brief), for plaintiffs-appellants.

Ronald Maurice Johnson, Akin, Gump, Strauss, Hauer & Feld, Washington, D.C. (Donna M. DeSilva, Mark V. Holden, Akin, Gump, Strauss, Hauer & Feld, Washington, D.C., Nicholas S. Yovanovic, John W. Tissue, CSX Transp., Inc., Jacksonville, Fla., on brief), for defendant-appellee.

Before PHILLIPS and WILKINSON, Circuit Judges, and SPENCER, United States District Judge for the Eastern District of Virginia, sitting by designation.

Rehearing and Rehearing In Banc Denied April 3, 1990.

WILKINSON, Circuit Judge:

In this case we must determine whether appellants have a cause of action in contract to recover monies used to fund railroad retirement benefits. Appellants, who are Canadian employees, allege that a 1973 Memorandum of Understanding between railroad management and railroad labor invested them with a contractual entitlement to pension contributions that the employer, CSX Transportation...

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