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SABICH v. NATIONAL R.R. PASSENGER CORP.

No. 90 C 3344.

763 F.Supp. 989 (1991)

George N. SABICH, Plaintiff, v. NATIONAL RAILROAD PASSENGER CORPORATION, a national railroad corporation, Defendant.

United States District Court, N.D. Illinois, E.D.

May 20, 1991.

Attorney(s) appearing for the Case

Robert B. Thompson, Henslee, Monek & Henslee, Chicago, Ill., appeared on behalf of the plaintiff.

Joanna Moorhead, Deputy General Counsel by Jonathan Saperstein, Associate General Counsel, National R.R. Passenger Corp., Washington, D.C., Manuel Sanchez, Sandra A. Yamate, Sanchez & Daniels, Chicago, Ill., appeared on behalf of the defendant.

MEMORANDUM ORDER

BUA, District Judge.

This dispute presents a thorny issue of federal preemption in the railroad labor context. Plaintiff, a railroad employee, has asserted a retaliatory discharge claim against his employer. The employer, a national railroad, contends that plaintiff's claim is preempted by the exclusive arbitral provisions of the Railway Labor Act ("RLA"), 45 U.S.C. § 151 et seq. Based on this contention, defendant has filed...

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