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LANDIS v. BURLINGTON NORTHERN R. CO.

No. 89-35455.

930 F.2d 748 (1991)

George W. LANDIS; Larry R. Gralish; Paul Van Blaricom & Any and All Other Exempt Employees of Burlington Northern Entitled to the Labor Protective Conditions of Northern Lines, 331 ICC 228 (1967), Plaintiffs-Appellants, v. BURLINGTON NORTHERN RAILROAD COMPANY, a corporation; United States of America; Interstate Commerce Commission, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 16, 1991.

Attorney(s) appearing for the Case

Owen Wales, Seattle, Wash., for plaintiffs-appellants.

Richard Schreiber, Steptoe & Johnson, Chicago, Ill., for defendant-appellee Burlington.

John S. Koppel, U.S. Dept. of Justice, Washington, D.C., for defendant-appellee, U.S.

Before TANG, NELSON and CANBY, Circuit Judges.

TANG, Circuit Judge:

Upon his termination from Burlington Northern Railroad ("BN"), George W. Landis challenged BN's computation of his severance salary. An Interstate Commerce Commission ("ICC") order guaranteed Landis' severance salary. After referral to the ICC, the district court adopted the ICC's interpretation of the merger guarantee and granted summary judgment to BN. The district court also denied Landis recovery of attorney's fees. Landis appeals, and we...

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