Legal Opinion
Cherico v. Brotherhood of Railroad Trainmen
District Court, S.D. New York
Decided September 10, 1958PublishedCited by 10 opinions
1Opinion of the Court
CASHIN, District Judge.
This is a motion by defendants to dismiss the action because of lack of juris diction over the subject matter (Rule 12(b) (1), Federal Rules of Civil Procedure, 28 U.S.C.A.) or to dismiss the action because of improper venue (Rule 12(b) (3), Federal Rules of Civil Procedure).
Plaintiff was employed as a brakeman by the New York Central Railroad for several years preceding October 23, 1953. Defendant, Brotherhood of Railroad Trainmen (hereafter BRT), an unincorporated association, was at all relevant times the statutory bargaining agent of brakemen on the New York Central…
2Cases cited19 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
- Steele v. Louisville & Nashville RailroadSupreme Court of the United States · 1944
- Neirbo Co. v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1939
- Shulthis v. McDougalSupreme Court of the United States · 1912
14 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Denver & Rio Grande Western Railroad v. Brotherhood of Railroad TrainmenSupreme Court of the United States · 1967
- Rutland Railway Corporation v. Brotherhood of Locomotive EngineersCourt of Appeals for the Second Circuit · 1962
- In the Matter of Complaint and Suit of Samuel Cunningham v. Erie Railroad Company and United Railroad Workers of America, Inc., C. I. O., Local 1463Court of Appeals for the Second Circuit · 1959
- Fred Thompson v. Brotherhood of Sleeping Car Porters, an Unincorporated Railroad Labor Organization, National in ScopeCourt of Appeals for the Fourth Circuit · 1963
- American Airlines, Inc. v. Air Line Pilots Ass'n, InternationalDistrict Court, S.D. New York · 1958
5 more not listed; retrieve them via the Exa API.