Brotherhood of Locomotive Engineers v. New Jersey Transit Rail Operations, Inc.

MEMORANDUM AND ORDER

BRIEANT, District Judge.

Familiarity of the reader is assumed with respect to this Court’s prior opinion herein, issued May 14, 1985 and reported at 608 F.Supp. 1216 (S.D.N.Y.1985). The Court there held that the Eleventh Amendment to the United States Constitution was not a bar to a Railway Labor Act suit in federal court against a state-owned rail carrier, which was found to be the alter ego of the state for Eleventh Amendment purposes.

*1457Thereafter, on June 28, 1985, the Supreme Court of the United States decided Atascadero State Hospital v. Scanlon, — U.S. -, 105 S.Ct.…