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EMSWILER v. CSX TRANSP., INC.

No. 11-3517.

691 F.3d 782 (2012)

Michael R. EMSWILER, Plaintiff-Appellant, v. CSX TRANSPORTATION, INC., Brotherhood of Locomotive Engineers and Trainmen, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 20, 2012.

Attorney(s) appearing for the Case

ARGUED: Gary A. Reeve , Law Offices of Gary A. Reeve, LLC, Columbus, Ohio, for Appellant. Kristin Seifert Watson , Cloppert, Latanick, Sauter & Washburn, Columbus, Ohio, John B. Lewis , Baker & Hostetler LLP, Cleveland, Ohio, for Appellees. ON BRIEF: Gary A. Reeve , Law Offices of Gary A. Reeve, LLC, Columbus, Ohio, for Appellant. Kristin Seifert Watson , Frederick G. Cloppert , Cloppert, Latanick, Sauter & Washburn, Columbus, Ohio, Michael S. Wolly , Zwerdling, Paul, Kahn & Wolly, P.C., Washington, D.C., John B. Lewis , Baker & Hostetler LLP, Cleveland, Ohio, for Appellees.

Before: SUTTON, McKEAGUE, and RIPPLE, Circuit Judges.

OPINION

McKEAGUE, Circuit Judge.

Plaintiff Michael Emswiler sued his employer, CSX Transportation, Inc. ("CSX"), a railroad, and the Brotherhood of Locomotive Engineers and Trainmen ("BLET") after his seniority on the roster of train engineers was adjusted in May 2009. Emswiler alleged breach of collective bargaining agreement ("CBA"), breach of duty of fair representation, and disability discrimination under Ohio law. The parties brought motions for summary...

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