Legal Opinion

Southern Union Gas Co. v. Rhode Island Division of Public Utilities & Carriers

District Court, D. Rhode Island

Decided February 13, 2004No. 02-316-TPublished

1Opinion of the Court

MEMORANDUM AND ORDER

TORRES, Chief Judge.

Introduction

Southern Union Company (“Southern”) d/b/a New England Gas Company (“NEG”) brought this action for injunctive relief and for a declaratory judgment declaring that Rhode Island’s gas technician statute, R.I. Gen. Laws § 39-2-23, is preempted by the National Labor Relations Act (“NLRA”), 29 U.S.C. § 151 et. seq.

The parties have filed cross motions for summary judgment; but, because there are unresolved issues of material fact, both motions are denied.

Facts

Southern is a Pennsylvania corporation. NEG is a division of Southern and is the only…

2Cases cited20 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  4. Metropolitan Life Insurance v. MassachusettsSupreme Court of the United States · 1985
  5. Gade v. National Solid Wastes Management Assn.Supreme Court of the United States · 1992

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