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SMOOT v. UNITED TRANSP. UNION

No. 98-4322.

246 F.3d 633 (2001)

Kenneth R. SMOOT, Plaintiff-Appellant, v. UNITED TRANSPORTATION UNION; CSX Transportation, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 11, 2001.

Rehearing and Rehearing Denied May 31, 2001.

Attorney(s) appearing for the Case

ARGUED: Stephen R. Felson (argued and briefed), Felson & Felson, Cincinnati, Ohio, for Plaintiff-Appellant.

John A. Edmond (argued and briefed), Guerrieri, Edmond & Clayman, Washington, D.C., John B. Lewis (argued and briefed), Arter & Hadden, Cleveland, Ohio, for Defendants-Appellees.

ON BRIEF: Stephen R. Felson (argued and briefed), Felson & Felson, Cincinnati, Ohio, for Plaintiff-Appellant.

John A. Edmond (argued and briefed), Guerrieri, Edmond & Clayman, Washington, D.C., John B. Lewis (argued and briefed), Thomas J. Piatak (briefed), Joseph J. Morford, Arter & Hadden, Cleveland, Ohio, for Defendants-Appellees.

Before: NORRIS and CLAY, Circuit Judges; ROSEN, District Judge.

Rehearing and Rehearing En Banc Denied May 31, 2001.

Pursuant to Sixth Circuit Rule 206

OPINION

CLAY, Circuit Judge.

Plaintiff, Kenneth Smoot, appeals from the district court orders granting Defendants, United Transportation Union ("UTU") and CSX Transportation, Inc. ("CSX"), summary judgment on Plaintiff's claims of conspiracy in violation of the Railway Labor Act ("RLA"), 45 U.S.C. § 153, and awarding Defendants $250,000 in statutory...

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