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UNITED TRANSP. v. BURLINGTON N. SANTA FE R. CO.

No. 07-35066.

528 F.3d 674 (2008)

UNITED TRANSPORTATION UNION, General Committee of Adjustment GO-386, J.D. Fitzgerald, General Chairman, Plaintiff-Appellant, v. BURLINGTON NORTHERN SANTA FE RAILROAD COMPANY and Longview Switching Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 9, 2008.

Attorney(s) appearing for the Case

David S. Straton, Eugene, OR; David J. Hollander, Hollander, Lebenbaum & Gannicott, Portland, OR, for the plaintiff-appellant.

Donald J. Munro, Goodwin Procter LLP, Washington, DC, for the defendants-appellees.

Before: CARLOS T. BEA and MILAN D. SMITH, JR., Circuit Judges, and JOSEPH M. HOOD, Senior District Judge.

HOOD, Senior District Judge:

In its Complaint, Plaintiff-Appellant United Transportation Union, General Committee of Adjustment GO-386 ("Union") alleged that Defendants-Appellees Burlington Northern Santa Fe Railroad Company ("BNSF") and Longview Switching Company ("LSC") violated the Railway Labor Act ("RLA"), 45 U.S.C. § 151, et seq., by implementing a trackage rights agreement approved through the process prescribed...

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