BROTH. OF MAINTENANCE OF WAY EMPLOYES v. BNSF RY.

No. 08-2232.

596 F.3d 1217 (2010)

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES DIVISION, International Brotherhood of Teamsters, and Brotherhood of Railroad Signalmen, Plaintiffs-Appellants, v. BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY, and Gary Giron, in his capacity as Secretary-Designee, New Mexico Department of Transportation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 2, 2010.


Attorney(s) appearing for the Case

John O'B. Clarke, Jr., Highsaw, Mahoney & Clarke, P.C., Washington, District of Columbia, for Appellants BMWED and BRS.

David M. Pryor, BNSF Railway Company, Fort Worth, TX (Donald J. Munro, Goodwin Proctor LLP, Washington, District of Columbia, and John R. Conney and Earl E. DeBrine, Jr., Modrall Sperling Roehl Harris & Sisk, P.A., Albuquerque, NM, with him on the brief), for Appellee BNSF Railway Company, and Gail Gottlieb (Mark Chaiken and Kerry Kiernan with her on the brief), Sutin, Thayer & Browne, P.C., Albuquerque, NM, for Appellee Secretary-Designee Gary Giron.

Before TACHA, TYMKOVICH, and GORSUCH, Circuit Judges.


TYMKOVICH, Circuit Judge.

This case arises from Burlington Northern Santa Fe Railway Company's (BNSF) proposed sale of approximately 290 miles of BNSF's rail line to the New Mexico Department of Transportation. New Mexico sought to obtain the rail line as part of a plan to provide commuter rail service between Albuquerque, Santa Fe, and other points within the state. Under the terms of sale, New Mexico would obtain ownership of BNSF's rail lines, but reserve to BNSF...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases