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ENGELHARDT v. CONSOLIDATED RAIL CORP.

No. 664, Docket 84-7837.

756 F.2d 1368 (1985)

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

United States Court of Appeals, Second Circuit.

Decided March 8, 1985.

Attorney(s) appearing for the Case

Dennis Morikawa, Philadelphia, Pa. (Morgan, Lewis & Bockius, David S. Fortney, Philadelphia, Pa., of counsel), for appellee Consolidated Rail Corp.

Harold A. Ross, Cleveland, Ohio (Ross & Kraushaar Co., L.P.A., Joseph E. Prekop, Cleveland, Ohio, on the brief), for appellee Broth. of Locomotive Engineers.

Norton N. Newborn, Cleveland, Ohio (Fitzsimmons, French & French, Paul French, Saratoga Springs, N.Y., on the brief), for appellee United Transp. Union.

Arthur F. McGinn, Jr., Albany, N.Y. (McGinn & Brown, P.C., Mary E. Jennings, Albany, N.Y., of counsel), for appellants.

Before KAUFMAN, OAKES and MESKILL, Circuit Judges.

PER CURIAM:

Three employees of the Consolidated Rail Corporation ("Conrail"), formerly employed by the New Haven Railroad before its inclusion in the Penn Central Railroad, brought this suit against their employer alleging violation of orders promulgated by the Interstate Commerce Commission ("ICC") in connection with the creation of the Penn Central system. They also claim against two unions involved in negotiating the scheme of employee rights and benefits to be...

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