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REPSTINE v. BURLINGTON NORTHERN, INC.

No. 96-1387.

149 F.3d 1068 (1998)

Robert REPSTINE; BN General Committee of Adjustment (former C & S)—GO-291, Plaintiffs-Appellants, v. BURLINGTON NORTHERN, INC., a Delaware Corporation; United Transportation Union, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 23, 1998.

Attorney(s) appearing for the Case

Gordon S. Gannicott (David J. Hollander and David Straton, with him on the briefs), Hollander, Lebenbaum & Gannicott, Portland, OR, for plaintiffs-appellants.

Charles W. Shewmake, Fort Worth, TX (Lawrence M. Stroik, Fort Worth, TX, and Walter J. Downing, Denver, CO, with him on the brief), for defendants-appellees.

Before ANDERSON, EBEL, and HENRY, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

Plaintiffs and appellants Robert Repstine and BN General Committee of Adjustment (former C & S) GO-291 appeal the grant of summary judgment to defendant Burlington Northern, Inc. ("BN") in this case involving the Railway Labor Act ("RLA"), 45 U.S.C. § 152. We affirm.

BACKGROUND

Defendant United Transportation Union ("UTU") is the certified collective bargaining representative for BN employees in the crafts...

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