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VOLKMAN v. UNITED TRANSP. UNION

Nos. 93-3300, 93-3302, and 93-3303.

73 F.3d 1047 (1996)

Jerry W. VOLKMAN; Paul W. Will; Lyle W. Wade; Leroy G. Wells; Paul D. Cohan; Dennis P. Swiantek; William E. Donahue; Lonnie L. Schneider, Howard Howser; Charles Blackburn; and all others similarly situated, Plaintiffs, and Roger (Buckie) Moore; Richard L. Humble; Franklin A. Callaway; Phillip D. Brunow, Joseph F. Edwards; Lowell D. Molloy; L.D. Ward; Kenneth W. Brown, Plaintiffs-Appellants, v. UNITED TRANSPORTATION UNION; Fred A. Hardin, R.H. Arnett, as representatives of the United Transportation Union; St. Louis Southwestern Railway Company; Southern Pacific Company; Southern Pacific Transportation Company, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 11, 1996.

Attorney(s) appearing for the Case

Bruce H. Stoltze, of Brick, Gentry, Bowers, Swartz, Stoltze, Schuling & Levis, P.C., Des Moines, Iowa, for appellants.

Norton N. Newborn, of Norton N. Newborn Co., L.P.A., Cleveland, Ohio, for appellee United Transportation Union.

Wayne M. Bolio and Robert S. Bogason of San Francisco, California, for appellee Southern Pacific Transportation Company.

Mark L. Bennett, Jr., and Ann Hoover, of Bennett & Dillon, of Topeka, Kansas, for appellee St. Louis Southwestern Railway Company.

Before BRISCOE, COFFIN, and BARRETT, Circuit Judges.

BRISCOE, Circuit Judge.

This is a class action by railroad workers formerly employed by the now defunct Chicago, Rock Island and Pacific Railroad (Rock Island), whose Tucumcari Line was acquired by St. Louis Southwestern Railway Co. (SSW), against defendants United Transportation Union (UTU), SSW, SSW's parent corporation Southern Pacific Transportation Co., and Southern Pacific's parent corporation Southern Pacific Co. In...

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