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SOLIMO v. METRO-NORTH COMMUTER R.R.

No. 02 Civ. 9806(MP).

253 F.Supp.2d 733 (2003)

Columbo SOLIMO, Plaintiff, v. METRO-NORTH COMMUTER RAILROAD, Defendant.

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

March 28, 2003.

Attorney(s) appearing for the Case

Ralph J. Mellusi, Tabak & Mellusi, Andrew P. Bell, Law Offices of Gene Locks, PLLC, New York City, for Plaintiff.

C. Sue Barnett, Robert Bergen, New York City, for Defendant.

OPINION

MILTON POLLACK, Senior District Judge.

The plaintiff, Mr. Columbo A. Solimo, has moved for an Order remanding this action to the Supreme Court of the State of New York. The plaintiff maintains that because the subject of his complaint is an alleged oral representation made to him during settlement negotiations, the Railway Labor Act ("RLA"), 45 U.S.C. §§ 151, et seq., does not preempt his state-law fraud, constructive fraud...

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