COAR v. METRO-NORTH COMMUTER R. CO.

No. 84 Civ. 5795 (LFM).

618 F.Supp. 380 (1985)

Michael J. COAR, William D. Colbert, Bruce B. Hayes, Charles T. McArthur, Bruce Tierney, and United Transportation Union, Plaintiffs, v. METRO-NORTH COMMUTER RAILROAD COMPANY and Brotherhood of Locomotive Engineers, Defendants.

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

September 25, 1985.


Attorney(s) appearing for the Case

Norton N. Newborn Co., L.P.A., Cleveland, Ohio, Schulman & Abarbanel, New York City by Norton N. Newborn, Cleveland, Ohio, Howard Schulman and James M. Altman, New York City, for plaintiffs.

Walter E. Zullig, Jr., Gen. Counsel, and Robert M. Lutsberg, Metro-North Commuter R. Co., New York City, for Metro-North Commuter Railroad Company.

Ross & Kraushaar Co., L.P.A., Cleveland, Ohio, Shapiro, Shiff, Beilly, Rosenberg & Fox, New York City by Harold A. Ross, Cleveland, Ohio, Sidney Fox, New York City, for Broth. of Locomotive Engineers.


OPINION

MacMAHON, District Judge.

Plaintiffs move, pursuant to Rule 56, Fed.R.Civ.P., for summary judgment of their claims based on violations of the Railway Labor Act (RLA), 45 U.S.C. §§ 151 et seq. (1972). Defendants move, pursuant to Rules 12(b)(6) and 56, Fed.R.Civ.P., for an order dismissing the complaint. Since the essential facts are not in dispute, this action is ripe for summary judgment.

FACTS

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