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BURDS v. UNION PACIFIC CORP.

No. 99-2170.

223 F.3d 814 (2000)

Kathleen BURDS; Patricia Caramagno; Susan Carriere; Lynn Cuddihy; Kathy Darnell; Vicky Edmonds; Pamela Engelke; Helen Garcia; Delica Herndon; Yolanda Herron; Gerri Hohl; Gail Huss; Gilma Jones; Peggy Lavelle; Gwen Lippold; Mary McLaughlin; Connie Peterson; Joan Quinton-Cox; Carol Anne Ruthloff; Marcie Sheehy; Deborah Walley; Jeannie Barkman-White, Appellants, v. UNION PACIFIC CORPORATION; Southern Pacific Transportation Company; Southern Pacific Rail Corporation; St. Louis Southwestern Railway Company; Rio Grande Industries, Inc. Health and Welfare Plans; Southern Pacific Rail Corporation Thrift Plan; Southern Pacific Rail Corporation Medical Plan, as of 1/1/94; Rio Grande Industries, Inc., Medical, Dental, and Health Care Plan; Rio Grande Industries, Inc. Life, Personal Acc. & Bus. Trav. Plan; Rio Grande Industries, Inc. Benefit Choices Plan, effective 1/1/90; Rio Grande Industries, Inc. Medical Benefits Plan, effective 1/1/90; Rio Grande Industries, Inc. Dental Benefits Plan, effective 1/1/90; Rio Grande Industries, Inc. Business Travel Accident Plan, effective 1/1/90; Rio Grande Industries, Inc. Health Care Reimbursement Plan, effective 1/1/90; Rio Grande Industries, Inc. Dependent Care Reimbursement Plan; Rio Grande Industries, Inc. Long Term Disability Plan, effective 1/1/90, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 18, 2000.

Attorney(s) appearing for the Case

Clyde Talbot Turner, North Little Rock, AR, argued (Douglas P. Dowd and James M. Dowd, on the brief), for appellant.

Mary M. Bonacorsi, St. Louis, MO, argued (Robert J. Wagner and Mark L. Brown, on the brief), for appellee.

Before RICHARD S. ARNOLD, BRIGHT, and HANSEN, Circuit Judges.

HANSEN, Circuit Judge.

Twenty-three nurses ("the nurses") filed an action against the appellees (collectively "Union Pacific"), alleging violations of ERISA1 and Title VII of the Civil Rights Act of 1964. The district court2 dismissed both the ERISA and Title VII claims for failure to exhaust administrative remedies. All but one of the nurses appeal. We affirm.

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