BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES v. ST. JOHNSBURY & LAMOILLE COUNTY RAILROAD/M.P.S. ASSOCIATES, INC.

No. 1070, Docket 86-7079.

794 F.2d 816 (1986)

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES, Plaintiff-Appellee, v. ST. JOHNSBURY & LAMOILLE COUNTY RAILROAD/M.P.S. ASSOCIATES, INC.; St. Johnsbury and Lamoille County Railroad, Inc.; State of Vermont/Vermont Public Service Board/Vermont Transportation Authority; Wabash Valley Railroad Company; and Lamoille Valley Railroad Company, Defendants, State of Vermont/Vermont Public Service Board/Vermont Transportation Authority, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 30, 1986.


Attorney(s) appearing for the Case

John K. Dunleavy, Ass't Atty. Gen., Montpelier, Vt. (Jeffrey L. Amestoy, Atty. Gen., Montpelier, Vt., of counsel), for defendants-appellants.

John A. Edmond, Washington, D.C. (Raymond J. Sweeney and Guerrieri & Sweeney, Washington, D.C., of counsel), for plaintiff-appellee.

Before VAN GRAAFEILAND, WINTER and MINER, Circuit Judges.


VAN GRAAFEILAND, Circuit Judge:

The State of Vermont appeals from a summary judgment entered against it in the United States District Court for the District of Vermont (Billings, J.) in the amount of $24,427.26. The judgment is for vacation pay to which members of the Brotherhood of Maintenance of Way Employees became entitled while they were working for the St. Johnsbury and Lamoille County Railroad (St. Johnsbury Railroad). For reasons hereafter assigned, we vacate...

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