Legal Opinion

Evans v. Central of Georgia Railroad

District Court, N.D. Georgia

Decided October 15, 1985No. C85-1683APublishedCited by 11 opinions

1Opinion of the Court

ORDER OF COURT

MOYE, Chief Judge.

The above-styled action is before the Court on the plaintiff’s motion to strike the defendant’s eighth defense. On September 5, 1985, this Court issued an order to show cause why the plaintiff’s claims under 42 U.S.C. § 1981 should not be dismissed for lack of subject matter jurisdiction pursuant to § 153 First (i) of the Railway Labor Act. A review of the relevant case law shows, for the reasons set forth below, that plaintiff’s § 1981 claims must be DISMISSED for lack of subject matter jurisdiction.

The plaintiff, a black male, began his employment with the…

2Cases cited37 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Vaca v. SipesSupreme Court of the United States · 1967
  3. Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
  4. Johnson v. Railway Express Agency, Inc.Supreme Court of the United States · 1975
  5. McKart v. United StatesSupreme Court of the United States · 1969

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3Cited by11 opinions

  1. Walter McAlester v. United Air Lines, Inc., a Delaware CorporationCourt of Appeals for the Tenth Circuit · 1988
  2. Jimmie Wilmington v. J.I. Case Company, Jimmie Wilmington v. J.I. Case CompanyCourt of Appeals for the Eighth Circuit · 1986
  3. Kraus v. Consolidated Rail Corp.District Court, E.D. Pennsylvania · 1989
  4. Merola v. National Railroad Passenger Corp.District Court, S.D. New York · 1988
  5. Buffington v. General Time Corp.District Court, M.D. Georgia · 1988

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