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JENISIO v. OZARK AIRLINES, INC.

No. 98-3229.

187 F.3d 970 (1999)

Steven L. JENISIO; Candace Jenisio, Appellants, v. OZARK AIRLINES, INC. RETIREMENT PLAN FOR AGENT AND CLERICAL EMPLOYEES; Retirement Plan for Machinists of Trans World Airlines; Trans World Airlines, Inc., a Delaware corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 13, 1999.

Attorney(s) appearing for the Case

Philip W. Getts, Minneapolis, MN, argued (Mary M. Morin, on the brief), for Appellants.

Robert L. Jackson, III, Chicago, IL, argued (Thomas J. Piskorski and Gregory J. Stenmoe, on the brief), for Appellees.

Before HANSEN and MAGILL, Circuit Judges, and JONES, District Judge.

MAGILL, Circuit Judge.

Steven and Candace Jenisio brought an action under the Employment Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461, seeking benefits under two pension plans. The district court1 dismissed the action, concluding that the Railway Labor Act (RLA), 45 U.S.C. § 184, divested the court of subject matter jurisdiction because the Jenisios' claims...

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