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THOMPSON v. NEW YORK CENTRAL RAILROAD COMPANY

250 F.Supp. 175 (1966)

Charles THOMPSON et al., Plaintiffs, v. The NEW YORK CENTRAL RAILROAD COMPANY, the Brotherhood of Railway Carmen of America, and New York City Lodge 1085 of the Brotherhood of Railway Carmen of America, Defendants.

United States District Court S. D. New York.

January 28, 1966.

Attorney(s) appearing for the Case

Bromsen & Gammerman, New York City, for plaintiffs; Burton H. Hall and Ira Gammerman, New York City, of counsel.

Reilly, Curry & Gibbons, New York City, and Mulholland, Hickey & Lyman, Washington, D. C., for defendants; David T. Gibbons, New York City, and Edward J. Hickey, Jr., Washington, D. C., of counsel.

METZNER, District Judge.

Defendants Brotherhood of Railway Carmen of America and New York City Lodge 1085 of the Brotherhood move pursuant to Fed.R.Civ.P. 12(b) to dismiss the complaint. Plaintiffs are members of defendant union and are employed by the New York Central Railroad Company at the Grand Central Terminal. Plaintiffs have asserted that an agreement was entered into on August 18, 1965 between defendant union and the railroad whereby the seniority dates which...

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