Larry E. Collins John K. Grauberger Phil J. Chapple v. Burlington Northern Railroad Company

951 F.2d 359 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Larry E. COLLINS; John K. Grauberger; Phil J. Chapple, Plaintiffs-Appellants, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant-Appellee. No. 91-35163. United States Court of Appeals, Ninth Circuit. Submitted Dec. 4, 1991. * Decided Dec. 20, 1991. Before EUGENE A. WRIGHT, DAVID R. THOMPSON and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Collins and others, all former employees of Burlington Northern ("BN"), appeal the district court's dismissal for lack of subject matter jurisdiction. Their action challenged the outcome of a completed arbitration proceeding in which the arbitrator denied their claim of benefits. The appellants had claimed benefits due to the adverse economic consequences they allegedly suffered as a result of the merger between BN and the St. Louis/San Francisco Railway ("Frisco merger"). FACTS AND PRIOR PROCEEDINGS 3 This case has been before the federal courts for seven years. In its first…