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ROBINSON v. UNION PACIFIC R.R.

No. 00-1240.

245 F.3d 1188 (2001)

Robert ROBINSON, Plaintiff-Appellant, v. UNION PACIFIC RAILROAD, Defendant-Appellee, United Transportation Union, Defendant.

United States Court of Appeals, Tenth Circuit.

April 13, 2001.

Attorney(s) appearing for the Case

Submitted on the briefs:

Jeffrey Menter, Littleton, Colorado, for Plaintiff-Appellant.

Brenda J. Council and Conal L. Hession of Kutak Rock LLP, Omaha, NE, for Defendant-Appellee.

Before SEYMOUR, BALDOCK, and LUCERO, Circuit Judges.

BALDOCK, Circuit Judge.

Plaintiff-appellant Robert Robinson appeals the district court's grant of summary judgment to defendant-appellee Union Pacific Railroad (UP) on his claim that Public Law Board 5914, convened under the Railway Labor Act (RLA), 45 U.S.C. § 153 First (i), exceeded the scope of its jurisdiction in arbitrating his grievance against UP. The district court concluded that, under Fed.R.Civ.P. 12(b)(1) and 12(b)(6), it lacked subject matter jurisdiction...

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