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SWONGER v. SURFACE TRANSP. BD.

No. 00-9518.

265 F.3d 1135 (2001)

Lyn SWONGER and James Spaulding, individually, and on behalf of all other similarly situated former Rock Island and St. Louis Southwestern Railway Company Trainmen and Members of the United Transportation Union; Doyle Boyd; Richard Hitz; Dave Bodenhamer; Dennis Swiantek; Ronnie Kessler; Richard Helsel; Curtis Randolph; Rick Holland; Phillip Brunow; Charles Kizzire; Kenneth Aldrich; Randall Brown; Jim Crowder; Richard Humble; Loren Bettles; Gary Polk; F.A. Callaway; T.E. Leatherman, individually, Petitioners, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents, United Transportation Union ("UTU"); Wayne A. Day; John S. Hoffman; Clayton Mills; Union Pacific Railroad Company, Intervenors.

United States Court of Appeals, Tenth Circuit.

September 19, 2001.

Attorney(s) appearing for the Case

Bruce H. Stoltze, Brick, Gentry, Bowers, Swartz, Stoltze, Schuling & Levis, P.C., Des Moines, IA, for Petitioners.

Marilyn R. Levitt, Attorney, (Ellen D. Hanson, General Counsel, Craig M. Yeats, Deputy General Counsel, and Louis Mackall, V, Attorney, with her on the brief), Washington, DC, for Respondent Surface Transportation Board.

Brenda J. Council, Kutak Rock LLP, Omaha, NE, for Respondent-Intervenor Union Pacific Railroad Company.

Joseph A. Guerrieri, Jr. and John A. Edmond, Guerrieri, Edmond & Clayman, P.C., Washington, DC, filed a brief on behalf of Respondent-Intervenor United Transportation Union.

Before EBEL, McKAY, and CUDAHY, Circuit Judges.

CUDAHY, Circuit Judge.

The petitioners appeal a ruling of the Surface Transportation Board (STB) refusing to review an arbitrator's decision to approve certain changes in the seniority status of the petitioners and in the relocation of their home terminal. The changes were included in an agreement negotiated between the Union Pacific Railroad Company and the United Transportation Union (UTU). This agreement implemented the consolidation of operations and workforces...

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