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HEFFNER v. DIV. 520, GEN. COMMITTEE OF ADJUSTMENT

Civ. No. H-80-646.

587 F.Supp. 387 (1984)

Frank B. HEFFNER, Plaintiff, v. DIVISION 520, GENERAL COMMITTEE OF ADJUSTMENT, The BROTHERHOOD OF LOCOMOTIVE ENGINEERS, a labor organization; and Elgin, Joliet & Eastern Railway Company, a foreign corporation, jointly and severally, Defendants.

United States District Court, N.D. Indiana, Hammond Division.

June 12, 1984.

Attorney(s) appearing for the Case

James Harris, Hammond, Ind., C. Thomas McCarter, Toledo, Ohio, for plaintiff.

David C. Jensen and Peter L. Hatton, Hammond, Ind., W. Gerald Thursby, Chicago, Ill., James E. McHie, Hammond, Ind., for defendants.

ORDER

MOODY, District Judge.

This matter is before the Court on the Motion for Summary Judgment filed by the defendant, Division 520, General Committee of Adjustment, the Brotherhood of Locomotive Engineers (BLE 520), on May 18, 1984. The plaintiff responded on May 30, 1984. The Motion for Summary Judgment is GRANTED.

The defendant asserts two principal grounds for summary judgment:1 (1) that the evidence fails to establish...

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