BROTHERHOOD RY. CARMEN v. MISSOURI PACIFIC R. CO.

No. 90-1736.

944 F.2d 1422 (1991)

BROTHERHOOD RAILWAY CARMEN OF THE UNITED STATES AND CANADA, DIVISION OF TRANSPORTATION COMMUNICATIONS UNION; Brotherhood Railway Carmen of the United States and Canada, Missouri Pacific Joint Protective Board, Division of Transportation Communications Union; Brotherhood Railway Carmen of the United States and Canada, Southern Pacific Joint Protective Board, Division of Transportation Communications Union; Brotherhood Railway Carmen of the United States and Canada, Denver & Rio Grande Western-Western Pacific Joint Protective Board, Division of Transportation Communications Union; Brotherhood Railway Carmen of the United States and Canada, Santa Fe Joint Protective Board, Division of Transportation Communications, Union, Appellants, v. MISSOURI PACIFIC RAILROAD COMPANY; Union Pacific Railroad, Union Pacific Railroad Company; Southern Pacific Transportation Company; Atchison, Topeka & Santa Fe Railway Company; The Trailer Train Company, a corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 25, 1991.


Attorney(s) appearing for the Case

C. Marshall Friedman, St. Louis, Mo., argued (Kenneth E. Rudd, St. Louis, Mo. and Mitchell M. Kraus, Rockville, Md., on the brief), for appellants.

I. Michael Greenberger, Washington, D.C., argued, for Mo. Pac.

Ronald M. Johnson, Washington, D.C., argued, for Trailer Train.

Robert S. Bogason, San Francisco, Ca., Guy Vitello, Chicago, Ill., Thomas J. Mikula & Mark S. Raffman, Washington, D.C., Mark B. Goodwin, Omaha, Neb., Robert J. Williams & William A. Callison, Chicago, Ill., Charles L. Warren & Karen L. Wingo, Washington, D.C., on the briefs, for appellees.

Before McMILLIAN, JOHN R. GIBSON and BOWMAN, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

The Brotherhood Railway Carmen and four of its internal divisions, or "joint protective boards," appeal from an entry of summary judgment against them on their claims that: 1) the four railroads violated the various provisions of the Railway Labor Act, 45 U.S.C. §§ 151-188 (1988) by leasing property to Trailer Train Company (TTX) in order to allow TTX1 employees, who are not members of the Carmen...

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