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ENGELHARDT v. CONSOLIDATED RAIL CORP.

No. 83-CV-1013.

594 F.Supp. 1157 (1984)

Edward ENGELHARDT, Edward Rainey and David Allen on behalf of themselves and as representatives of the class herein defined, Plaintiffs, v. CONSOLIDATED RAIL CORPORATION and International Brotherhood of Locomotive Engineers and United Transportation Union, Defendants.

United States District Court, N.D. New York.

September 12, 1984.

Attorney(s) appearing for the Case

McGinn & Brown, P.C., Albany, N.Y., for plaintiffs; Arthur F. McGinn, Jr., Albany, N.Y., of counsel.

Dennis Alan Arouca, David S. Fortney, Philadelphia, Pa., for defendant Consolidated Rail Corp.; David S. Fortney, Philadelphia, Pa., of counsel.

Ross & Kraushaar Co., L.P.A., Cleveland, Ohio, Rowley, Forrest & O'Donnell, P.C., Albany, N.Y., for defendant International Brotherhood of Locomotive Engineers; Harold A. Ross, Cleveland, Ohio, Mark T. Walsh, Jr., Albany, N.Y., of counsel.

Fitzsimmons, French & French, Saratoga Springs, N.Y., Norton N. Newborn, Cleveland, Ohio, for defendant United Transp. Union; Paul V. French, of counsel.

MEMORANDUM-DECISION and ORDER

MINER, District Judge.

I

This action arises out of alleged violations by defendant Conrail of collective bargaining agreements, and various breaches of the duty of fair representation by defendants, United Transportation Union and the International Brotherhood of Locomotive Engineers following the 1968 merger of the Pennsylvania Railroad and the New York Central Railroad and the later inclusion of the New Haven Railroad...

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