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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