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POLICH v. BURLINGTON NORTHERN, INC.

No. 90-35327.

942 F.2d 1467 (1991)

Victor J. POLICH, et al., Plaintiffs-Appellants, v. BURLINGTON NORTHERN, INC.; Burlington Northern Railroad Company, a Delaware Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 26, 1991.

Attorney(s) appearing for the Case

Alexander (Zander) Blewett, III, Hoyt & Blewett, Great Falls, Mont., for plaintiffs-appellants.

Randy J. Cox, Boone, Karlberg & Haddon, Missoula, Mont., for defendants-appellees.

Before WRIGHT, GOODWIN and NOONAN, Circuit Judges.

GOODWIN, Circuit Judge:

Following a series of mergers and reorganizations, the Burlington Northern Railroad Company closed its railroad operations in Livingston, Montana. Appellants, who include both former Livingston employees and spouses of former employees, sued the Burlington Northern Railroad Company and Burlington Northern, Inc. (collectively, BN) for damages arising out of the closure. They appeal the dismissal of the action for want of subject matter jurisdiction...

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