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BNSF RY. CO. v. BROTHERHOOD OF MAINTENANCE

No. 07-11251.

550 F.3d 418 (2008)

BNSF RAILWAY COMPANY, Plaintiff-Appellee, v. BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 24, 2008.

Attorney(s) appearing for the Case

Donald J. Munro (argued), Goodwin Procter, Washington, DC, for plaintiff-appellee.

Richard Steven Edelman (argued), O'Donnell, Schwartz & Anderson, Washington, DC, Sanford R. Denison, Baab & Denison, Dallas, TX, for defendant-appellant.

Before KING, DeMOSS and PRADO, Circuit Judges.

KING, Circuit Judge:

This appeal involves a decade-long discovery dispute between BNSF Railway Company and the Brotherhood of Maintenance of Way Employees regarding disclosure obligations under the parties' collective bargaining agreement. An article in the collective bargaining agreement provided benefits to furloughed employees if their furloughs were a direct result of increased subcontracting. The Brotherhood of Maintenance of Way Employees filed claims under...

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