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RUCKER v. ST. LOUIS SOUTHWESTERN RY. CO.

No. 88-2330.

917 F.2d 1233 (1990)

Garland L. RUCKER, Jr., Plaintiff-Appellant, and Jack T. Miller; Raymond L. Combs; Dale Hull; Gale McIntyre; James Wendt; and Charles E. Miller, Plaintiffs, v. The ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, a corporation; the Southern Pacific Transportation Company, a corporation; and the International Brotherhood of Locomotive Engineers, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 10, 1990.

Attorney(s) appearing for the Case

Louis Michael Thrasher, Lincoln, Neb., for the plaintiffs-appellant.

Robert S. Bogason (Gary A. Laakso and Barbara S. Sprung, San Francisco, Cal., and Mark L. Bennett, Jr., of Bennett, Dillon & Callahan, Topeka, Kan., with him on the brief), San Francisco, Cal., for defendants-appellees St. Louis Southwestern Ry. Co. and Southern Pacific Transp. Co.

Harold A. Ross (John C. Frieden, of Frieden & Forbes, Topeka, Kan., with him on the brief), of Ross & Kraushaar Co., L.P.A., Cleveland, Ohio, for the defendant-appellee Intern. Broth. of Locomotive Engineers.

Before TACHA and McWILLIAMS, Circuit Judges, and CHRISTENSEN, District Judge.

TACHA, Circuit Judge.

The plaintiffs are seven locomotive engineers who are former employees of the bankrupt Chicago, Rock Island, and Pacific Railway, current employees of one defendant, the St. Louis Southwestern Railway Co. ("SLSW")1 and union members of the defendant International Brotherhood of Locomotive Engineers ("BLE"). The plaintiffs appeal the district court's grant of summary judgment dismissing their claims against the SLSW...

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