CSX TRANSP. INC. v. MARQUAR

No. 91-5689.

980 F.2d 359 (1992)

CSX TRANSPORTATION INC., Plaintiff-Appellant, v. Neil J. MARQUAR, Mac A. Fleming, F.N. Simpson, and Brotherhood of Maintenance of Way Employes, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 13, 1992.


Attorney(s) appearing for the Case

Freddie B. Westfall, Jr., Huddleston, Bolen, Beatty, Porter & Copen, Huntington, W.Va., Ronald M. Johnson (argued and briefed), Mark V. Holden, Akin, Gump, Strauss, Hauer & Feld, Washington, D.C., Nicholas S. Yovanovic, James D. Tomola, CSX Transp. Inc., Law Dept., Jacksonville, Fla.,

Adrienne A. Berry, Segal, Isenburg, Sales, Stewart & Cutler, Christophe G. Stewart, Louisville, Ky., William A. Bon (argued and briefed), Brotherhood of Maintenance of Way Employees, Southfield, Mich., for defendants-appellees.

Before: JONES, GUY, BATCHELDER, Circuit Judges.


BATCHELDER, Circuit Judge.

Plaintiff CSX Transportation Inc. appeals the district court's decision granting a motion to dismiss for defendants, Brotherhood of Maintenance of Way Employes (BMWE or "the union") and several union members, on the grounds that a railroad cannot obtain monetary damages under the Railway Labor Act (RLA), 45 U.S.C. §§ 151-188, for an illegal strike by the union. The majority affirms the district court and holds that monetary damages...

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