SCHWARTZ v. BROTHERHOOD OF MAINT. OF WAY EMPLOYES

No. 00-8045.

264 F.3d 1181 (2001)

Paul M. SCHWARTZ; Kevin R. Klundt; Billy W. Robinson; Andrew E. Dilworth; Jay L. Hatfield; Eric A. Jesson; Scott Veskrna; and all other similarly situated members of the Brotherhood of Maintenance of Way Employes, Plaintiffs-Appellants, v. BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES, and its applicable Division; and Burlington System Division, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 4, 2001.


Attorney(s) appearing for the Case

Bruce S. Asay (Keith S. Burron with him on the briefs) of Associated Legal Group, LLC, Cheyenne, WY, for Plaintiffs-Appellants.

Charles A. Collins, St. Paul, MN (Michael R. O'Donnell of Burke, Woodard & O'Donnell, PC, Cheyenne, WY, and William A. Bon of Brotherhood of Maintenance of Way Employes, Southfield, MI, with him on the brief), for Defendants-Appellees.

Before TACHA, Chief Judge, McKAY and CUDAHY, Circuit Judges.


McKAY, Circuit Judge.

This appeal requires us to decide whether a union breached its duty of fair representation to several members. The district court granted summary judgment to Defendant, the Brotherhood of Maintenance of Way Employes, and dismissed the case. Plaintiffs, primarily former union members, appeal. We exercise jurisdiction pursuant to 28 U.S.C. § 1291.

Our recitation of the facts warrants some preliminary explanation. The summary judgment...

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