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SPENLAU v. CSX TRANSP., INC.

No. 01-10177.

279 F.3d 1313 (2002)

Donald SPENLAU, individually and as Representative of the class, G.E. Wright, individually and as Representative of the class, et al., Plaintiffs-Appellants, v. CSX TRANSPORTATION, INC., United Transportation Union, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 24, 2002.

Attorney(s) appearing for the Case

Abram V. Conway, II, Hartford, KY, Michael E. Seelie, Natalie A. Nice, Jacksonville, FL, for Plaintiffs-Appellants.

Ronald Maurice Johnson, Michael E. Ferraus, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Washington, DC, Kevin C. Brodar, United Transp. Union, Cleveland, OH, James F. Moseley, Stanley Maurice Weston, Moseley, Warren, Prichard & Parrish, P.A., Jacksonville, FL, for Defendants-Appellees.

Before ANDERSON, Chief Judge, BLACK, Circuit Judge, and MORENO, District Judge.

PER CURIAM:

Appellants, a class consisting of locomotive engineers with retained trainmen1 seniority rights, appeal the order of the district court granting summary judgment in favor of their employer, Appellee CSX Transportation, Inc. (CSX), and the bargaining representative for trainmen, Appellee United Transportation Union (UTU). We affirm.

I. BACKGROUND

The material facts underlying this appeal are not in dispute...

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