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O'BRIEN v. CONSOLIDATED RAIL CORP.

No. 92-1086.

972 F.2d 1 (1992)

William J. O'BRIEN, Plaintiff, Appellant, v. CONSOLIDATED RAIL CORPORATION, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 5, 1992.

Attorney(s) appearing for the Case

Philip G. Boyle, Boston, Mass., for plaintiff, appellant.

Gary D. Buseck with whom Robert L. Farrell and Parker, Coulter, Daley & White, Boston, Mass., were on brief for defendant, appellee.

Before SELYA, Circuit Judge, LAY, Senior Circuit Judge, and O'SCANNLAIN, Circuit Judge.

O'SCANNLAIN, Circuit Judge:

We must decide whether a state law providing for physical handicap discrimination claims against employers is preempted by the Railway Labor Act ("RLA"), 45 U.S.C. §§ 151-88.

I

In August 1985, William J. O'Brien was laid off by Consolidated Rail Corporation ("Conrail") from his position as yardmaster in the Boston area. O'Brien declined Conrail's offer of a position in...

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