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BROTHERHOOD OF MAINTENANCE v. UNION PAC. R. CO.

No. 05-1511.

460 F.3d 1277 (2006)

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES DIVISION/IBT, Plaintiff-Counter/Defendant-Appellee, v. UNION PACIFIC RAILROAD COMPANY, Defendant-Counter/Claimant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 11, 2006.

Attorney(s) appearing for the Case

Clifford A. Godiner, Thompson Coburn LLP, St. Louis, MO, for Defendant-Counter/Claimant-Appellant.

Richard S. Edelman, O'Donnell, Schwartz & Anderson, P.C., Washington, D.C. (William A. Bon, General Counsel, Brotherhood of Maintenance of Way Employes, Southfield, MI, with him on the briefs), for Plaintiff-Counter/Defendant-Appellee.

Before HENRY, BRISCOE, and LUCERO, Circuit Judges.

BRISCOE, Circuit Judge.

Plaintiff Brotherhood of Maintenance of Way Employes Division (BMWED)1 filed this action claiming that defendant Union Pacific Railroad Company (UP) violated the Railway Labor Act (RLA), 45 U.S.C. § 151 et seq. UP moved to dismiss BMWED's action as a "minor dispute" over which the district court lacked subject matter jurisdiction, and also moved for a preliminary...

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