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LENNON v. FINEGAN

No. 97 Civ. 9394 BDP.

78 F.Supp.2d 258 (2000)

James J. LENNON, Jr., Plaintiff, v. Ann Marie FINEGAN, individually, and Metro-North Commuter Railroad, Defendant.

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

January 6, 2000.

Attorney(s) appearing for the Case

Jane Gould, Lovett & Gould, White Plains, NY, for plaintiff.

Carla Walworth, Robert A. Stevenson, Paul Hastings Janofsky & Walker, New York City, for defendant Metro-North.

MEMORANDUM DECISION AND ORDER

BARRINGTON D. PARKER, JR., District Judge.

By Notice of Motion dated October 26, 1999, defendant Metro-North Commuter Railroad ("Metro-North") moves pursuant to Rule 12(b)(1) Fed.R.Civ.P. to dismiss claim 5 for lack of subject matter jurisdiction on the ground that the claim is preempted by the Railway Labor Act ("RLA"), 45 U.S.C. § 151a. See Hawaiian Airlines v. Norris...

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