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SYSTEM FED. NO. 152, RAILWAY EMP. DEPT. v. PENNSYLVANIA R. CO.

No. 63 Civ. 2348.

289 F.Supp. 370 (1968)

SYSTEM FEDERATION NO. 152, RAILWAY EMPLOYEES' DEPARTMENT, AFL-CIO; and Ralph E. Gipprich Individually and as General Chairman for the Sheet Metal Workers in System Federation No. 152, Railway Employees' Department, AFL-CIO, Plaintiffs, v. PENNSYLVANIA RAILROAD COMPANY and Transport Workers Union of America, AFL-CIO, Defendants.

United States District Court S. D. New York.

August 6, 1968.

Attorney(s) appearing for the Case

Mulholland, Hickey & Lyman, Toledo, Ohio, for plaintiffs; by Richard R. Lyman, Toledo, Ohio, of counsel.

Cohen & Weiss, New York City, for plaintiffs; by Bruce H. Simon, New York City, of counsel.

Conboy, Hewitt, O'Brien & Boardman, New York City, for defendant, The Pennsylvania Railroad Co.; by David J. Mountan, Jr., and Reginald Leo Duff, New York City, of counsel.

OPINION

POLLACK, District Judge.

The plaintiff, an AFL-CIO union, moves for partial summary judgment under Rule 56(a), F.R.Civ.P., on an Award made on June 12, 1961 by the Railroad Adjustment Board, Second Division ("Board" hereafter). The plaintiff seeks thereby an adjudication of the liability of the defendant Pennsylvania Railroad Company (now known as Penn Central Company), reserving only the issue of damages for trial.

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