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AVINA v. UNION PACIFIC RAILROAD CO.

No. 22-2376.

72 F.4th 839 (2023)

Nancy AVINA, Plaintiff-Appellant v. UNION PACIFIC RAILROAD CO. Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 3, 2023.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the brief was Martin Mark Meyers , of Kansas City, MO. The following attorney(s) also appeared on the appellant brief; Dennis E. Egan , of Kansas City, MO, Cooper Scott Mach , of Kansas City, MO.

Counsel who presented argument on behalf of the appellee and appeared on the brief was Andrew J. Rolfes , of Philadelphia, PA. The following attorney(s) also appeared on the appellee brief; Robert Lee Ortbals, Jr. , of Creve Coeur, MO, Kimberly F. Seten , of Kansas City, MO, Robert S. Hawkins , of Philadelphia, PA.

Before KELLY, ERICKSON, and STRAS, Circuit Judges.

After Nancy Avina twice lost out on a promotion, she sued Union Pacific for discrimination. The question is whether a dispute over the interpretation of a collective-bargaining agreement required dismissal. The district court1 concluded that the answer was yes, and we affirm.

I.

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