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GENDRON v. CHICAGO & N.W. TRANSP. CO.

No. 1-88-1630.

190 Ill. App.3d 301 (1989)

546 N.E.2d 721

T.J. GENDRON, Indiv. and on behalf of all others similarly situated, et al., Plaintiffs-Appellants, v. CHICAGO & NORTH WESTERN TRANSPORTATION COMPANY et al., Defendants-Appellees.

Appellate Court of Illinois — First District (1st Division).

Opinion filed October 30, 1989.

Attorney(s) appearing for the Case

Schopf & Weiss, of Chicago, and Timothy D. Kelly and Cindy J. Larson, both of Minneapolis, Minnesota (Steven A. Weiss and Arthur J. Howe, of counsel), for appellants.

Harold C. Hirshman and Jeffrey L. Dorman, both of Sonnenschein, Carlin, Nath & Rosenthal, and James P. Daley, Stuart F. Gassner, and Myles L. Tobin, all of Chicago & North Western Transportation Company, both of Chicago, for appellee Chicago & North Western Transportation Company.

Susan Getzendanner and Eileen A. Kamerick, both of Skadden, Arps, Slate, Meagher & Flom, of Chicago, for appellee Fox River Valley Railroad Corporation.

Judgment affirmed.

JUSTICE QUINLAN delivered the opinion of the court:

This appeal is brought by creditors of a railroad to enjoin the sale of a portion of the railroad as a fraudulent conveyance and for damages occasioned by the fraudulent conveyance. The trial court entered judgment dismissing plaintiffs' complaint on the basis that it was preempted by the minor dispute provisions of the Railway Labor Act (RLA) (45 U.S.C. § 151 et seq. (1982...

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