United Transportation Union v. Birmingham Southern Railroad

MEMORANDUM OPINION

SHARON LOVELACE BLACKBURN, Chief Judge.

This case is currently before the court on counterclaim defendant United Transportation Union’s Motion to Dismiss Counts II through VII of BSRR’s Counterclaim (“Motion to Dismiss”), (doc. 18).1 Upon consideration of the submissions, the arguments of counsel, and the relevant law, the court finds that the Motion to Dismiss, (doc. 18), is due to be granted.

I. STANDARD OF REVIEW

Under Fed.R.Civ.P. 12(b)(6), a party may move the court to dismiss a case based on a failure to state a claim upon which relief can be granted. When deciding a…