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BROTH. OF MAINTENANCE, ETC. v. ST. JOHNSBURY, ETC.

Civ. A. No. 79-142.

512 F.Supp. 1079 (1981)

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES v. ST. JOHNSBURY & LAMOILLE COUNTY RAILROAD; St. Johnsbury and Lamoille County Railroad, Inc.; Wabash Valley Railroad Co.; Lamoille Valley Railroad Co. and State of Vermont. LAMOILLE VALLEY RAILROAD v. LAMOILLE COUNTY RAILROAD, INC. and St. Johnsbury & Lamoille County Railroad. ST. JOHNSBURY & LAMOILLE COUNTY RAILROAD, INC. v. WABASH VALLEY RAILROAD CO. and Lamoille Valley Railroad Co. ST. JOHNSBURY & LAMOILLE COUNTY RAILROAD, INC. v. M.P.S. ASSOCIATES, INC.

United States District Court, D. Vermont.

April 24, 1981.

Attorney(s) appearing for the Case

Michael Schein, Hoff, Wilson & Powell, Burlington, Vt., and Raymond J. Sweeney, North Andover, Mass., for plaintiff.

Philip J. Fitzpatrick, Jeffersonville, Vt., and Richard C. Sargent, Sargent & White, Morrisville, Vt., for defendants St. Johnsbury & Lamoille County Railroad and St. Johnsbury & Lamoille County Railroad, Inc.

Priscilla K. Reidinger, Downs, Rachlin & Martin, South Burlington, Vt., for defendant Wabash Valley Railroad.

Robert Gensburg, Gensburg & Axelrod, St. Johnsbury, Vt., for defendant Lamoille Valley Railroad Co.

Richard M. Finn, Asst. Atty. Gen., State of Vt., Montpelier, Vt., for defendant State of Vt.

Edwin Free, Richard E. Davis Associates, Inc., Barre, Vt., for third-party defendant, M.P.S. Associates, Inc.

OPINION AND ORDER

COFFRIN, District Judge.

This is a civil action in which plaintiff seeks to enforce two awards of the National Railroad Adjustment Board (NRAB). Jurisdiction to enforce the awards is present under 45 U.S.C. § 153 First (p) and 28 U.S.C. §§ 1331 and 1337.

Plaintiff Brotherhood of Maintenance of Way Employees (Brotherhood) is an unincorporated association whose members are employees in the track maintenance departments...

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