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MORAN v. VACCARO

No. 87 Civ. 7993 (RWS).

684 F.Supp. 1201 (1988)

Thomas MORAN, Local 1-3 of the Utility Workers' Union of America and 200 Other Individuals, Plaintiffs, v. Michael VACCARO, Velson Harris, Anthony Neri, Ronald Finer, Ralph Morgan, Alan Nardone, Eugene Maltini, and Consolidated Edison Company of New York, Inc., Defendants.

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

April 15, 1988.

Attorney(s) appearing for the Case

Clifton & Schwartz, New York City, for plaintiffs; Arthur Z. Schwartz, of counsel.

Charles E. McTiernan, Jr., New York City, for defendant Consolidated Edison Co. of N.Y.; Richard J. Giglio, Diane M. O'Malley, of counsel.

OPINION

SWEET, District Judge.

Defendants Consolidated Edison Company of New York, Inc. ("Con Edison") and seven of its management employees have moved pursuant to Fed.R.Civ.P. 12(b)(1) for an order dismissing plaintiffs' third cause of action under section 304(a) of the Clean Air Act, 42 U.S.C. § 7604(a) (1983), for lack of subject matter jurisdiction and dismissing plaintiffs' two remaining state law claims for lack of pendent jurisdiction. In opposition...

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