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McINTOSH v. ATCHISON, TOPEKA & SANTA FE RWY. CO.

No. 70,485

19 Kan. App. 2d 814 (1994)

877 P.2d 11

LESLIE E. McINTOSH, Appellant, v. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY and WILLIAM F. HENRY, Appellees.

Court of Appeals of Kansas.

Opinion filed July 1, 1994.

Attorney(s) appearing for the Case

Michael R. McIntosh, of Kansas City, for appellant.

Nola Wright Viola, of Topeka, for appellees.

Before BRAZIL, P.J., ELLIOTT and ROYSE, JJ.

BRAZIL, J.:

Leslie E. McIntosh appeals the district court's grant of summary judgment to The Atchison, Topeka and Santa Fe Railway Company and William F. Henry (Santa Fe). The district court found it had no jurisdiction to hear McIntosh's claim of breach of implied contract because it was preempted by the Railway Labor Act (RLA), 45 U.S.C. § 151 et seq. (1988). We affirm.

Santa Fe is an interstate carrier by rail and is a "carrier" under the RLA...

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