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BATES v. BALTIMORE AND OHIO R. CO.

No. 92-3328.

9 F.3d 29 (1993)

D.J. BATES, Plaintiff-Appellant, v. The BALTIMORE AND OHIO RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 2, 1993.

Attorney(s) appearing for the Case

Steven B. Geller, Indianapolis, IN (argued), for plaintiff-appellant.

Stephen M. Terrell (argued), James L. Petersen, Laura B. Daghe, Ice, Miller, Donadio & Ryan, Indianapolis, IN, for defendant-appellee.

Before POSNER, Chief Judge, COFFEY, Circuit Judge, and WILLIAMS, Senior District Judge.

WILLIAMS, Senior District Judge.

In March 1985, the Baltimore and Ohio Railroad ("Railroad") fired D.J. Bates, who it had employed as a yard clerk. Bates appealed the Railroad's decision to the National Railroad Adjustment Board, which upheld the termination. He then filed a petition for review of the Board's decision in the United States District Court for the Southern District of Indiana. The district court granted the Railroad's motion to dismiss the petition for...

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