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BROTH. OF LOCOMOTIVE ENGINEERS v. N.J. TRANSIT RAIL OPERATIONS

No. 84 Civ. 7104-CLB.

618 F.Supp. 1456 (1985)

BROTHERHOOD OF LOCOMOTIVE ENGINEERS, Plaintiffs, v. NEW JERSEY TRANSIT RAIL OPERATIONS, INC., and Consolidated Rail Corporation, Defendants.

United States District Court, S.D. New York.

October 10, 1985.

Attorney(s) appearing for the Case

Harold A. Ross, Ross & Kraushaar Co., L.P.A., Cleveland, Ohio, Sidney Fox, Shapiro, Shiff, Beilly, Rosenberg & Fox, New York City, for plaintiffs.

David S. Fortney, Morgan, Lewis & Bockius, New York City, for Consolidated Rail Corp.

Irwin I. Kimmelman, Atty. Gen. of New Jersey by Barbara Murphy-Warrington, Deputy Atty. Gen., Trenton, N.J., for New Jersey Transit Rail Operations, Inc.

MEMORANDUM AND ORDER

BRIEANT, District Judge.

Familiarity of the reader is assumed with respect to this Court's prior opinion herein, issued May 14, 1985 and reported at 608 F.Supp. 1216 (S.D.N.Y.1985). The Court there held that the Eleventh Amendment to the United States Constitution was not a bar to a Railway Labor Act suit in federal court against a state-owned rail carrier, which was found to be the alter ego of...

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