Pitts v. National Railroad Passenger Corp.

MEMORANDUM OPINION AND ORDER

WILLIAM T. HART, District Judge.

Presently before the court is defendants’ motion to dismiss, or, in the alternative, for summary judgment. Both sides have relied on matters outside the pleadings, but this court will treat the motion as a motion to dismiss and hence only the facts of the complaint are considered (and, of course, treated as true for purposes of this motion).

I. The Facts

Plaintiff James Pitts worked for defendant Amtrak from 1977 until he was fired on March 4, 1983. He was reinstated in 1984 and apparently still works at Amtrak. Since late 1980 or…