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BENJAMIN v. TRAFFIC EXEC. ASS'N EASTERN RAILROADS

No. 389, Docket 88-7674.

869 F.2d 107 (1989)

Marilyn BENJAMIN, Administrator for the Estate of Marc Benjamin, and Gloria Downey, Individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. TRAFFIC EXECUTIVE ASSOCIATION EASTERN RAILROADS, Eastern Railroad Association, and Eastern Weighing and Inspection Bureau, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 21, 1989.

Attorney(s) appearing for the Case

Kenneth A. Wexler, Chicago, Ill. (Michael J. Freed, Much Shelist Freed Denenberg Ament & Eiger, P.C., Chicago, Ill., Stanley Nemser, Wolf Popper Ross Wolf & Jones, New York City, of counsel), for plaintiffs-appellants.

G. Paul Moates, Washington, D.C. (Per A. Ramfjord, Sidley & Austin, Washington, D.C., of counsel), for defendants-appellees.

Before WINTER and MINER, Circuit Judges, and MUNSON, District Judge.

MUNSON, District Judge:

This case presents us with two issues. The first is whether a decision arising from a statutorily imposed arbitration proceeding can be the basis for collateral estoppel in a subsequent federal court proceeding. If that is permissible, then we must decide whether the use of collateral estoppel violates plaintiffs' seventh amendment right to a jury trial.

BACKGROUND

At stake in the litigation before us are severance benefits...

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