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JOHNSON v. WASHINGTON MET. AREA TRANSIT AUTHORITY

Civ. A. No. 86-3110-LFO.

773 F.Supp. 459 (1991)

Eleanor T. JOHNSON, et al., Plaintiffs, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Defendant.

United States District Court, District of Columbia.

September 10, 1991.

Attorney(s) appearing for the Case

Allen T. Eaton, W. David Allen, David T. Smorodin, Eaton, McClellan & Allen, Washington, D.C., for plaintiffs.

Fredric W. Schuster, Associate Gen. Counsel, Bruce P. Heppen, Asst. Gen. Counsel, Robert J. Kniaz, Deputy Gen. Counsel, Robert L. Polk, Gen. Counsel, Washington, D.C., for defendant.

MEMORANDUM AND ORDER

OBERDORFER, District Judge.

On July 1, 1991 defendant Washington Metropolitan Area Transit Authority (WMATA) filed a motion to certify, pursuant to 28 U.S.C. § 1292(b), the issue of last clear chance for interlocutory review. This motion stemmed from two possibly inconsistent holdings of the United States Court of Appeals for the District of Columbia. On appeal from an earlier decision in this case, the Court of Appeals held that...

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