United States Ninth Circuit

In an action alleging defendants violated the Railway Labor Act (RLA) by implementing a trackage rights agreement approved through the process prescribed by the Interstate Commerce Act without bargaining with plaintiff-union, grant of defendants' motion to dismiss is affirmed where: 1) a defendant's acquisition of trackage rights was an exempt transaction under 49 U.S.C. section 10502(a); 2) 49 U.S.C. section 11321(a) applies to a transaction made exempt by 49 U.S.C. section 10502(a); and 3) the Surface Transportation Board's exclusive authority under section 11321(a) deprived the district court of jurisdiction.

Appellate Information

• Argued 04/11/2008
• Decided 06/09/2008
• Published 06/09/2008

Judges

• HOOD, Senior District Judge:, Before:  CARLOS T. BEA and MILAN D. SMITH, JR., Circuit Judges, and JOSEPH M. HOOD , Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David S. Straton, Eugene, OR;  David J. Hollander, Hollander, Lebenbaum & Gannicott, Portland, OR, for the plaintiff-appellant.


• For Appellees:
  
• Donald J. Munro, Goodwin Procter LLP, Washington, DC, for the defendants-appellees.