KELLY v. BURLINGTON NORTHERN R. CO.

No. 88-4121.

896 F.2d 1194 (1990)

Dan L. KELLY, Moreland Neiman, et al., Plaintiffs-Appellants, v. BURLINGTON NORTHERN RAILROAD COMPANY, its agents and representatives; Brotherhood of Railway, Airline & Steamship Clerks, Freight Handlers, Express & Station Employees (BRAC), its agents & representatives, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 21, 1990.


Attorney(s) appearing for the Case

Thomas J. Beers, Mark S. Connell, Connell & Beers, Missoula, Mont., for plaintiffs-appellants.

Charles C. Dearden, Murphy, Robinson, Heckathorn & Phillips, P.C., Kalispell, Mont., Thomas J. Knapp, Fort Worth, Tex., for defendant-appellee Burlington Northern R. Co.

Mitchell M. Kraus, Transportation-Communications International Union, Rockville, Md., for defendants-appellees.

Before HUG, FARRIS and REINHARDT, Circuit Judges.


REINHARDT, Circuit Judge:

Appellants brought this hybrid action under the Railway Labor Act ("RLA"), 45 U.S.C. § 151 et seq. (1982) against their employer and their union, alleging that the employer breached a collective bargaining agreement and that the union breached its duty of fair representation. The district court applied the six-month statute of limitations found in § 10(b) of the Labor Management Relations Act, 1947 ("LMRA"), 29 U.S.C. §...

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