No. 89 Civ. 0467 (RWS).

747 F.Supp. 1020 (1990)

Henry J. HELMER, Patrick Bencivengo, James Crow, William Dodd, John Duffy, James Kelly, Jack Lopez, James Mottett, Charles Piscopo, Manuel Sanchez, Philip Varrichio and John Walsh, Jr., Plaintiffs, v. Eugene BRIODY, Joseph Zummo, Jack Murphy, Michael Cotter, Richard Bestoff, each in his individual capacity only; Antonio Sanchez, in his official capacity as Secretary-Treasurer of Local 102, UWAU, AFL-CIO and in his individual capacity; Joseph Fino; and LOCAL 1-2, Utility Workers Union of America, AFL-CIO, and Consolidated Edison Company of New York, Inc., Defendants.

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

September 26, 1990.

Attorney(s) appearing for the Case

Kevin G. Jenkins by Irwin Geller, of counsel, New York City, for plaintiffs.

Donald F. Menagh, P.C. by Vito Mundo, of counsel, Lewis, Greenwald, Kennedy, Lewis, Clifton & Schwartzs, P.C. by Arthur Z. Schwartz, of counsel, New York City, for defendants, except Con Edison.

Mary Schuette by Kenneth G. Standard, Saddie L. Smith, of counsel, New York City, for defendant Consolidated Edison Co.


SWEET, District Judge.

Defendant Consolidated Edison Company of New York, Inc. ("Con Ed") has moved for summary judgment in accordance with Rule 56, Fed.R.Civ.P., to dismiss the action against it brought by plaintiff Henry J. Helmer ("Helmer") to obtain reinstatement by Con Ed. The motion was heard and submitted on July 6, 1990 and in accordance with facts and conclusions set forth below is granted....

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