Legal Opinion

Csx Transportation Inc. v. Neil J. Marquar, Mac A. Fleming, F.N. Simpson, and Brotherhood of Maintenance of Way Employes

Court of Appeals for the Sixth Circuit

Decided November 13, 1992No. 91-5689PublishedCited by 29 opinions

1Opinion of the Court

BATCHELDER, Circuit Judge.

Plaintiff CSX Transportation Inc. appeals the district court’s decision granting a motion to dismiss for defendants, Brotherhood of Maintenance of Way Employes (BMWE or “the union”) and several union members, on the grounds that a railroad cannot obtain monetary damages under the Railway Labor Act (RLA), 45 U.S.C. §§ 151-188, fob an illegal strike by the union. The majority affirms the district court and holds that monetary damages are never awardable under the RLA for a strike over a minor dispute. I, however, dissent from this holding.

I

In September of 1990, CSX…

2Cases cited53 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. Marbury v. MadisonSupreme Court of the United States · 1803
  3. Bell v. HoodSupreme Court of the United States · 1946
  4. Carey v. PiphusSupreme Court of the United States · 1978
  5. Cort v. AshSupreme Court of the United States · 1975

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3Cited by29 opinions

  1. Charles Moreno, Cross-Appellee v. Consolidated Rail CorporationCourt of Appeals for the Sixth Circuit · 1996
  2. City of Florence, Kentucky v. ChipmanKentucky Supreme Court · 2001
  3. ABX Air, Inc. v. International Brotherhood of Teamsters, Airline DivisionDistrict Court, S.D. Ohio · 2016
  4. Kedra v. Nazareth HospitalDistrict Court, E.D. Pennsylvania · 1994
  5. Dotson v. Norfolk Southern Railway Co.Court of Appeals for the Sixth Circuit · 2002

24 more not listed; retrieve them via the Exa API.

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