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RADZIKOWSKI v. DELAWARE & HUDSON CORP.

No. 92-CV-695A(H).

870 F.Supp. 480 (1994)

John RADZIKOWSKI, Plaintiff, v. DELAWARE & HUDSON CORP. and Brotherhood of Maintenance of Way Employees, Defendants.

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

October 17, 1994.

Attorney(s) appearing for the Case

Phillip A. Thielman, Buffalo, NY, for plaintiff.

Timothy G. Mulcahy, Clifton Park, NY, William E. Grande, Law Offices of E. Joseph Giroux, Jr., Buffalo, NY, William A. Bon, General Counsel, BMWE, Southfield, MI, for defendants.

DECISION AND ORDER

ARCARA, District Judge.

This case was referred to Magistrate Judge Heckman, pursuant to 28 U.S.C. § 636(b)(1), on December 16, 1993. On November 1, 1993, defendants filed separate motions for summary judgment. On June 1, 1994, Magistrate Judge Heckman filed a Report and Recommendation recommending (1) granting defendants' motions for summary judgment; and (2) dismissing the complaint for lack of subject matter jurisdiction due to...

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