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INCE v. NATIONAL R.R. PASSENGER CORP.

No. 85 Civ. 4883 (CBM).

693 F.Supp. 1466 (1988)

Roger INCE, Plaintiff, v. NATIONAL RAILROAD PASSENGER CORPORATION and Local 102, Brotherhood of Railroad Signalmen, Defendants.

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

August 2, 1988.

Attorney(s) appearing for the Case

Bergner & Bergner by Arthur Liberstein, New York City, for plaintiff.

Siff, Newman, Rosen & Parker, P.C. by Mark S. Landman, New York City, for defendant Nat. R.R. Passenger Corp.

Shapiro, Shiff, Beilly, Rosenberg & Fox by Sidney Fox, Gerald Richman, New York City, for defendant Local 102, Broth. of R.R. Signalmen.

OPINION

MOTLEY, District Judge.

Plaintiff Rodger (spelled in all captions as "Roger") Ince ("Ince") brings suit against the above-captioned defendants under the Railway Labor Act, 49 U.S.C. §§ 151-163, 181-188 (1982), claiming wrongful discharge by the railroad ("Amtrak"), violation of the duty of fair representation by the union ("Local 102"), and conspiracy by both defendants. Both defendants move for summary judgment.

FACTS

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