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EATZ v. DME UNIT OF LOCAL UNION NO. 3

Nos. 1020, 1300, Dockets 91-9161, 91-9163.

973 F.2d 64 (1992)

Brian EATZ, Edward McMillan, Peter Albrechtsen, Sonny Pascale, individually on their own behalf, and on behalf of all others similarly situated, Plaintiffs-Appellees-Cross-Appellants, v. The DME UNIT OF LOCAL UNION NUMBER 3 OF the INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO and Local Union Number 3 of the International Brotherhood of Electrical Workers, AFL-CIO, Defendants-Cross-Appellees. New York Racing Association, Inc., Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 7, 1992.

Attorney(s) appearing for the Case

H. Richard Schumacher, New York City (Samuel Estreicher, F. Peter Phillips, Cahill Gordon & Reindel, on the brief), for defendant-appellant-cross-appellee.

Wendy E. Sloan, Hall & Sloan, New York City, for plaintiffs-appellees-cross-appellants.

Before: NEWMAN and CARDAMONE, Circuit Judges, and SAND, District Judge.

JON O. NEWMAN, Circuit Judge:

Federalism inevitably generates a number of close questions as to whether a particular dispute is governed by federal or state law and whether it should be resolved in federal or state court. Often such questions border on the metaphysical. Occasionally they arise in a context barren of guiding precedent. Such is this appeal. The issue presented arises in the aftermath of the discretionary decision...

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