Dowaliby v. National R.R. Passenger Corp.

26 F.3d 130 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. George W. DOWALIBY, an individual, Plaintiff-Appellant, v. NAT. RAILROAD PASSENGER, CORPORATION, a corporation; W. Graham Claytor, an individual, Gary L. Rose, an individual, John P. Malinowski, an individual, Lynn D. Berberian, an individual, L.W. Bullock, an individual, and Does 1-50 Defendants-Appellees. No. 92-16126. United States Court of Appeals, Ninth Circuit. Submitted Dec. 15, 1993. * Decided June 3, 1994. Before: POOLE, BEEZER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 George Dowaliby filed a wrongful termination action against defendant National Railroad Passenger Corporation ("Amtrak") after he was dismissed for refusing to submit to a urinalysis drug test. After removal to federal court, the district court dismissed his suit, concluding that it was preempted by the Railway Labor Act (RLA), 45 U.S.C. Sec. 151 et seq. We affirm. 3 * We review de novo the district court's conclusion that…