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INTER-MODAL RAIL EMP. ASS'N v. ATCHISON, TOPEKA

Nos. 93-56400, 94-55188.

80 F.3d 348 (1996)

INTER-MODAL RAIL EMPLOYEES ASSOCIATION; Thomas Franks; Charles Jones; Thomas J. Martin; Hoyt Jarrard; Robert Stein, Plaintiffs-Appellants, v. The ATCHISON, TOPEKA and SANTA FE RAILWAY COMPANY; In-Terminal Services, Division of Mi-Jack Products, Inc., An Illinois Corp., Defendants-Appellees. INTER-MODAL RAIL EMPLOYEES ASSOCIATION; Thomas Franks; Charles Jones; Thomas J. Martin; Hoyt Jarrard; Robert Stein, Plaintiffs-Appellants, v. The ATCHISON, TOPEKA and SANTA FE RAILWAY COMPANY; Santa Fe Terminal Services, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 27, 1996.

Attorney(s) appearing for the Case

Richard E. Schwartz and James E. Parrot, Richard Schwartz & Associates Ltd., St. Louis, Missouri, for plaintiffs-appellants.

Ronald W. Novotny, Hill Farrer & Burrill, Los Angeles, California, for defendants-appellees The Atchison, Topeka and Santa Fe Railway Company and Santa Fe Terminal Services, Inc.

Robert L. Zaletel, Keck, Mahin & Cate, San Francisco, California, for defendant-appellee In-Terminal Services.

Before: JAMES R. BROWNING and ROBERT R. BEEZER, Circuit Judges, and ANCER L. HAGGERTY, District Judge.

OPINION

PER CURIAM:

Inter-Modal Rail Employees Association and five of its members, plaintiffs below, appeal the dismissal of their complaint under the Employee Retirement Income Security Act of 1974 ("ERISA") and the Federal Employer's Liability Act ("FELA") for failure to state a claim on which relief could be granted. In a related appeal, plaintiffs challenge an award of attorneys fees based on the premature filing by plaintiffs of an earlier notice of...

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