BROTHERHOOD OF MAINT. OF WAY EMP. v. DENVER & RIO GRANDE WEST. RY.

Civil Action No. 95-B-2564.

963 F.Supp. 946 (1997)

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES, Plaintiff, v. DENVER AND RIO GRANDE WESTERN RAILWAY COMPANY, Defendant.

United States District Court, D. Colorado.

May 2, 1997.


Attorney(s) appearing for the Case

John Inderwish, Rossi, Cox, Kiker & Inderwish, P.C., Aurora, William A. Bon, Jr., Brotherhood of Maintenance of Way Employees, Southfield, MI, for Plaintiff.

John R. Webb, Mary Hurley Stuart, Holme, Roberts & Owen, P.C., Denver, Wayne M. Bolio, Southern Pacific Transportation Co., San Francisco, CA, for Defendant.


MEMORANDUM OPINION & ORDER

BABCOCK, District Judge.

Plaintiff moves for summary judgment on its petition to enforce an arbitration award of the National Railroad Adjustment Board, Third Division (Board). Defendant cross-moves for summary judgment on its counterclaim to overturn the award of the Board. For the following reasons, I will grant plaintiff's motion for summary judgment and deny defendant's motion.

I.

The following facts are...

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