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GHARTEY v. SAINT JOHN'S QUEENS HOSP.

No. 87 CV 3111.

727 F.Supp. 795 (1989)

Justina GHARTEY, Plaintiff, v. SAINT JOHN'S QUEENS HOSPITAL and Local 1199, Drug, Hospital and Health Care Employees Union RWDSU/AFL/CIO and Mary Kelly Quinn and Winifred Paul, Defendants.

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

As Amended December 15, 1989.

Attorney(s) appearing for the Case

Harold J. Johnson, White Plains, N.Y., for plaintiff.

Kelley Drye & Warren, New York City (John F. Gibbons, Israel E. Kornstein, and Barbara E. Hoey, of counsel), for defendant Saint John's Queens Hosp., Mary Kelly Quinn & Winifred Paul.

Eisner & Levy, P.C., New York City (Daniel J. Rather, of counsel), for defendant Local 1199.

AMENDED MEMORANDUM AND ORDER

NICKERSON, District Judge.

This case was the subject of a Memorandum and Order dated May 27, 1988, familiarity with which is assumed. Defendants St. John's Queens Hospital (the Hospital) and Local 1199 (the Union) move under Rule 12(b)(6), Fed.R.Civ.P., to dismiss plaintiff's claim of wrongful discharge and breach of duty of fair representation. In the alternative, the Hospital and the Union move to dismiss plaintiff's demand...

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