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SPAULDING v. UNITED TRANSP. UNION

No. 01-3018.

279 F.3d 901 (2002)

James SPAULDING, Lyn Swonger, Donald L. Inman, William N. Nance, and all others similarly situated, Plaintiffs-Appellants, v. UNITED TRANSPORTATION UNION and Union Pacific Railroad Company, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 5, 2002.

Attorney(s) appearing for the Case

Bruce H. Stoltze of Brick, Gentry, Bowers, Swartz, Stoltze, Schuling & Levis, P.C., Des Moines, IA, for Plaintiffs-Appellants.

John A. Edmond of Guerrieri, Edmond & Clayman, P.C., Washington, DC, for Defendant-Appellee United Transportation Union.

Brenda J. Council of Kutak Rock LLP, Omaha, NE, for Defendant-Appellee Union Pacific Railroad Company.

Before EBEL and PORFILIO, Circuit Judges, and SHADUR, District Judge.

SHADUR, District Judge.

This appeal stems from the 1996 merger of the Union Pacific Railroad Company ("Union Pacific") with the Southern Pacific Rail Corporation and its subsidiaries (collectively "Southern Pacific"). Acting on behalf of themselves and all others similarly situated, James Spaulding ("Spaulding"), Lyn Swonger ("Swonger"), Donald Inman and William Nance have brought suit against their union, the United Transportation...

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