Legal Opinion

Schwartz v. Brotherhood of Maintenance of Way Employes

Court of Appeals for the Tenth Circuit

Decided September 4, 2001No. 00-8045PublishedCited by 30 opinions

1Opinion of the Court

McKAY, Circuit Judge.

This appeal requires us to decide whether a union breached its duty of fair representation to several members. The district court granted summary judgment to Defendant, the Brotherhood of Maintenance of Way Employes, and dismissed the case. Plaintiffs, primarily former union members, appeal. We exercise jurisdiction pursuant to 28 U.S.C. § 1291.

Our recitation of the facts warrants some preliminary explanation. The summary judgment posture of the case compels us to view the evidence in the light most favorable to Plaintiffs, the nonmoving party below. See Bullington v.…

2Cases cited11 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Vaca v. SipesSupreme Court of the United States · 1967
  3. DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
  4. Air Line Pilots Ass'n v. O'NeillSupreme Court of the United States · 1991
  5. Breininger v. Sheet Metal Workers International Ass'n Local Union No. 6Supreme Court of the United States · 1989

6 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Sorbo v. United Parcel ServiceCourt of Appeals for the Tenth Circuit · 2005
  2. Bishop v. Air Line Pilots Ass'nCourt of Appeals for the Seventh Circuit · 2018
  3. McCowan v. All Star Maintenance, Inc.Court of Appeals for the Tenth Circuit · 2001
  4. Bryant v. Tilley (In Re Tilley)United States Bankruptcy Court, D. Colorado · 2002
  5. Colorado Ex Rel. Salazar v. Jensen (In Re Jensen)United States Bankruptcy Court, D. Colorado · 2008

25 more not listed; retrieve them via the Exa API.

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