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UNITED TRANSP. UNIONS 385 & 77 v. METRO-NORTH COMMUTER

No. 94 Civ. 2979 (RWS).

862 F.Supp. 55 (1994)

UNITED TRANSPORTATION UNION LOCAL UNIONS 385 AND 77, and International Brotherhood of Electrical Workers Local Unions 817, 747, 859, Plaintiffs, v. METRO-NORTH COMMUTER RAILROAD COMPANY, Defendant.

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

August 25, 1994.

Attorney(s) appearing for the Case

Graham, Campaign & McCarthy, P.C., New York City (J. Brian McCarthy, of counsel), for plaintiffs.

Siff Rosen, P.C., New York City (Mark S. Landman, Lori S. Wolmetz, of counsel), for defendant.

OPINION

SWEET, District Judge.

Defendant Metro-North Commuter Railroad Company ("Metro") has moved for an order, pursuant to Rule 12(b), Fed.R.Civ.P. ("Rule 12(b)"), dismissing the complaint in this action for lack of subject matter jurisdiction. For the following reasons, this motion is denied.

Parties

Plaintiff The United Transportation Union has as members approximately 700 of Metro's conductors, assistant conductors, and...

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