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McGANN v. UNION PACIFIC RAILROAD COMPANY

Civ. No. 70-800.

330 F.Supp. 668 (1971)

Amas M. McGANN, Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, a Utah corporation, Defendant.

United States District Court, D. Oregon.

July 27, 1971.

Attorney(s) appearing for the Case

Pozzi, Wilson and Atchison, Portland, Or., for plaintiff.

Randall B. Kester, Walter J. Cosgrave, Frank H. Lagesen, Portland, Or., for defendant.

MEMORANDUM OPINION AND ORDER

ALFRED T. GOODWIN, District Judge:

Plaintiff sued for damages arising out of an alleged wrongful discharge from his employment as a railroad brakeman. Defendant has moved to dismiss the action on the ground that the subject matter of the claim is within the exclusive, primary jurisdiction of the National Railroad Adjustment Board (NRAB).

Plaintiff relies principally upon Moore v. Illinois Central R. Co.,

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