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BROTH. OF LOCOMOTIVE ENGINEERS v. BURLINGTON

No. 81-K-391.

580 F.Supp. 797 (1984)

BROTHERHOOD OF LOCOMOTIVE ENGINEERS, R.E. Cooley, K.L. Heniken, Patrick J. Murphy, W.G. Smith, John A. Stimoc, and on behalf of themselves and all other similarly situated locomotive engineers from the former Chicago, Rock Island and Pacific Railroad Company and Lines West of Chicago, Milwaukee, St. Paul, and Pacific Railroad Company, Plaintiffs, v. BURLINGTON NORTHERN, INC., The Atchison, Topeka and Santa Fe Railway Company, Union Pacific Railroad Company and United Transportation Union, Defendants.

United States District Court, D. Colorado.

February 27, 1984.

Attorney(s) appearing for the Case

Harold A. Ross, Ross & Kraushaar Co., L.P.A., Cleveland, Ohio, Martin D. Buckley, Hornbein, MacDonald, Fattor & Buckley, Denver, Colo., for plaintiffs Brotherhood of Locomotive Engineers.

Barry McGrath, St. Paul, Minn., John L. Pilon, Denver, Colo., for Burlington Northern, Inc.

Ronald A. Lane, Chicago, Ill., Donald B. Gentry, Grant, McHendrie, Haines & Crouse, Denver, Colo., for Atchison, Topeka and Santa Fe R. Co.

Barbara W. Zandbergen, Union Pacific R. Co., Omaha, Neb., James A. Jablonski, Gorsuch, Kirgis, Campbell, Walker & Grover, Denver, Colo., for Union Pacific R. Co.

Norton N. Newborn, Cleveland, Ohio, David B. Kiker, Morrisard & Rossi, P.C., Aurora, Colo., for United Transp. Union.

ORDER GRANTING MOTION TO DISMISS

KANE, District Judge.

This case comes before me on cross motions for summary judgment and on defendants' motion to dismiss for lack of subject matter jurisdiction. BLE and some of its members filed this case in March, 1981, seeking declaratory and injunctive relief on behalf of a class of locomotive engineers who were separated from employment on the Chicago, Milwaukee and St. Paul Railroad and the Chicago, Rock Island and...

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