Legal Opinion
McGann v. Union Pacific Railroad
District Court, D. Oregon
Decided July 27, 1971No. Civ. No. 70-800Published
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
ALFRED T. GOODWIN, District Judge:
Plaintiff sued for damages arising out of an alleged wrongful discharge from his employment as a railroad brakeman. Defendant has moved to dismiss the action on the ground that the subject matter of the claim is within the exclusive, primary jurisdiction of the National Railroad Adjustment Board (NRAB).
Plaintiff relies principally upon Moore v. Illinois Central R. Co., 312 U.S. 630, 61 S.Ct. 754, 85 L.Ed. 1089 (1941), and Transcontinental and Western Air, Inc. *669v. Koppal, 345 U.S. 653, 73 S.Ct. 906, 97 L.Ed. 1325 (1953), for the…
2Cases cited7 opinions
- Republic Steel Corp. v. MaddoxSupreme Court of the United States · 1965
- Moore v. Illinois Central RailroadSupreme Court of the United States · 1941
- International Ass'n of MacHinists v. Central Airlines, Inc.Supreme Court of the United States · 1963
- Transcontinental & Western Air, Inc. v. KoppalSupreme Court of the United States · 1953
- Walker v. Southern Railway Co.Supreme Court of the United States · 1966
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