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UNITED TRANSP. UNION v. BIRMINGHAM SOUTHERN R. CO.

Case No. 2:11-cv-04128-SLB.

901 F.Supp.2d 1307 (2012)

UNITED TRANSPORTATION UNION, Plaintiff, v. BIRMINGHAM SOUTHERN RAILROAD COMPANY; Transtar, Inc., Defendants. Birmingham Southern Railroad Company, Counterclaim plaintiff, v. United Transportation Union, and Carol J. Zamperini, Counterclaim defendants.

United States District Court, N.D. Alabama, Southern Division.

September 28, 2012.

Attorney(s) appearing for the Case

Kevin C. Brodar , United Transportation Union, North Olmsted, OH, Robert M. Weaver , Quinn Connor Weaver Davies & Rouco LLP, Birmingham, AL, for Plaintiffs and Counter Defendant.

Jeffrey S. Berlin , Sidley Austin LLP, Washington, DC, Michael L. Lucas , Burr & Forman LLP, John R. Carrigan , Ogletree Deakins Nash Smoak & Stewart PC, Birmingham, AL, Rodney A. Harrison , Ogletree Deakins Nash Smoak & Stewart, PC, St. Louis, MO, for Defendants and Counter Claimant.

MEMORANDUM OPINION

SHARON LOVELACE BLACKBURN, Chief Judge.

This case is currently before the court on counterclaim defendant United Transportation Union's Motion to Dismiss Counts II through VII of BSRR's Counterclaim ("Motion to Dismiss"), (doc. 18).1 Upon consideration of the submissions, the arguments of counsel, and the relevant law, the court finds that the Motion to Dismiss, (doc. 18), is due to be granted.

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