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BENOIST v. BROTHERHOOD OF LOCOMOTIVE ENGINEERS

No. 75-522C(2).

425 F.Supp. 1138 (1976)

BENOIST, E. E., et al., Plaintiffs, v. BROTHERHOOD OF LOCOMOTIVE ENGINEERS, and United Transportation Union, Norfolk & Western Railroad Carrier Representatives, Defendants.

United States District Court, E. D. Missouri, E. D.

December 29, 1976.

Attorney(s) appearing for the Case

Charles P. Todt and Susan Hammer, Clayton, Mo., for plaintiffs.

Albert E. Schoenbeck, St. Louis, Mo., Martin M. Lucente, Chicago, Ill., for Norfolk & Western RR Co.

John H. Haley, Jr., St. Louis, Mo., for United Transp. Un.

John L. Rooney, St. Louis, Mo., for Brotherhood of Loc.

MEMORANDUM

REGAN, District Judge.

The basic issue for resolution on defendants' motions to dismiss is whether this action should be dismissed under the doctrine of primary jurisdiction.

Notwithstanding plaintiff's contention to the contrary, the controversy in this case arises and has its roots in the merger of the New York, Chicago and St. Louis Railroad Company (Nickel Plate) and the Norfolk & Western Railway Company (N & W) and the consolidation...

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