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PA. FED. OF BMWE BY DODD v. NATIONAL R.R. PASSENGER CORP.

No. 92-1577.

989 F.2d 112 (1993)

PENNSYLVANIA FEDERATION OF the BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES, by its Trustee ad litem Ted DODD; Vincent Bennett, on behalf of himself and all other similarly situated employees, v. NATIONAL RAILROAD PASSENGER CORPORATION ("AMTRAK") Pennsylvania Federation of the Brotherhood of Maintenance of Way Employees and Vincent Bennett, Appellants.

United States Court of Appeals, Third Circuit.

Decided March 18, 1993.

Attorney(s) appearing for the Case

Joel Myron (argued), Jersey City, NJ, Louis Agre, Philadelphia, PA, for appellants.

Joanna L. Moorhead, Jonathan I. Saperstein (argued), National R.R. Passenger Corp. ("AMTRAK"), Washington, DC, Kenneth D. Kleinman, Kleinbard, Bell & Brecker, Philadelphia, PA, for appellee.

BEFORE: GREENBERG, ROTH, and LEWIS, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. BACKGROUND

Appellants Pennsylvania Federation of the Brotherhood of Maintenance of Way Employees (BMWE) and Vincent Bennett, a member of BMWE, initiated this action pursuant to the Pennsylvania Minimum Wage Act, Pa.Stat.Ann. tit. 43, §§ 333.101 to .115 (1992), against appellee National Railroad Passenger Corporation (AMTRAK) in the Philadelphia County Court of Common Pleas.

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