Leonard R. RAUS, Delmar D. Steadman and Richard Tasto, Appellants,
v.
BROTHERHOOD RAILWAY CARMEN OF the UNITED STATES AND CANADA, and Brotherhood Railroad Carmen of United States and Canada, Bluff City Lodge No. 93, Council Bluffs, Iowa and The Chicago and North Western Transportation Company, Appellees.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted September 17, 1981.
Decided November 10, 1981.
Attorney(s) appearing for the Case
George Sutera, Vincent P. Sutera, Sutera & Sutera, Papillion, Neb., and Bruce D. Fleming, Atty. at Law, Council Bluffs, Iowa, for plaintiffs-appellants.
Frank W. Davis, Jr. (argued), Gamble, Riepe, Burt, Webster & Davis, Des Moines, for defendant-appellee, Chicago and North Western Transportation Co.
Mulholland & Hickey, Edward J. Hickey, Jr., Michael S. Wolly (argued), Washington, D. C., for Union defendants-appellees.
Before LAY, Chief Judge, HEANEY and ROSS, Circuit Judges.
United States Court of Appeals, Eighth Circuit.
ROSS, Circuit Judge.
Appellants challenge the district court's1 orders granting the appellee railroad's motion for judgment on the pleadings and the appellee union's motion to dismiss under Fed.R.Civ.P. 12. The district court sustained these motions based on its conclusion that it lacked subject matter jurisdiction over the appellant's claims.2 For the reasons stated herein, this court must affirm in part and...
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