Belanger v. New York Central Railroad

MEMORANDUM OPINION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

McCREE, District Judge.

Plaintiff was discharged from defendant’s employ under circumstances which he contends violated his rights under the collective bargaining agreement entered into between his union and defendant. In this action he seeks damages for the alleged wrongful discharge and defendant has moved for summary judgment.

All that need be said with regard to the underlying facts is that plaintiff was requested by his employer to submit to a medical examination, the necessity for which plaintiff, on advice of counsel,…