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STATE EX REL. UNION PACIFIC RAILROAD CO. v. DIERKER

No. 80014.

961 S.W.2d 816 (1998)

STATE ex rel. UNION PACIFIC RAILROAD COMPANY and Missouri Pacific Railroad Company, Relators, v. Honorable Robert H. DIERKER, Judge, Circuit Court, St. Louis City, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied February 24, 1998.

Attorney(s) appearing for the Case

Dan H. Ball, James W. Erwin, David A. Dick, St. Louis, for Relators.

Joseph L. Bauer, Jr., Michael L. Nepple, Leonard P. Cervantes, St. Louis, for Respondent.

Jerome J. Schlichter, Steven L. Groves, Nelson G. Wolff, James Holloran, Holloran Law Firm, Robert F. Ritter, Gary & Ritter, P.C., St. Louis, H. Chris Christy, N. Little Rock, for Amicus Curiae.

COVINGTON, Judge.

This Court issued a preliminary order in prohibition to determine the scope of federal pre-emption under the Railway Labor Act (RLA), 45 U.S.C. secs. 151 et. seq. (RLA), as it might affect respondent's orders prohibiting relators, Union Pacific R.R. Co. and Missouri Pacific R.R. Co. (the railroad), from attempting to enforce provisions of collective bargaining agreements. The preliminary order is made absolute.

Plaintiffs in the underlying...

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