Harold R. Magnuson v. Burlington Northern, Inc., D. S. Nelson, J. H. Woolford, and G. J. O'COnnell

HUFSTEDLER, Circuit Judge:

Magnuson appeals from a judgment dismissing his complaint based on common law intentional infliction of emotional distress on the ground that the gravamen of the action was a “minor” dispute growing out of his employment relationship with the defendant railroad and thus subject to the exclusive jurisdiction of the dispute resolving mechanisms under the Railway Labor Act (“R.L.A.”), 45 U.S.C. §§ 151, et seq.1 He contends that the district court erred in removing the action from the state court to the federal court and in dismissing it because (1) the gist of his…