Ruby v. American Airlines, Inc.

• Decision Date: 12 August 1963
• Parties: Charles H. RUBY, as President of the Air Line Pilots Association, International, and Air Line Pilots Association, International, an unincorporated association, Plaintiffs, v. AMERICAN AIRLINES, INC., Defendant, and Nicholas J. O'Connell, Jr., individually and as Chairman of the Master Executive Council of the pilots in the service of American Airlines, Inc., and the Negotiating Committee of said pilots, consisting of Richard Lyons, et al., Additional Defendants, ex officio, and Joseph V. Manning, as President of the American Airlines Chapter, Flight Engineers' International Association, AFL-CIO, and American Airlines Chapter Flight Engineers' International Association, AFL-CIO, an unincorporated association, Intervenors.
• Court: U.S. District Court — Southern District of New York

227 F. Supp. 702

Charles H. RUBY, as President of the Air Line Pilots Association, International, and Air Line Pilots Association, International, an unincorporated association, Plaintiffs, v. AMERICAN AIRLINES, INC., Defendant, and Nicholas J. O'Connell, Jr., individually and as Chairman of the Master Executive Council of the pilots in the service of American Airlines, Inc., and the Negotiating Committee of said pilots, consisting of Richard Lyons, et al., Additional Defendants, ex officio, and Joseph V. Manning, as President of the American Airlines Chapter, Flight Engineers' International Association, AFL-CIO, and American Airlines Chapter Flight Engineers' International Association, AFL-CIO, an unincorporated association, Intervenors.

United States District Court S. D. New York.

August 12, 1963.

Cohen & Weiss, New York City, for plaintiffs; Henry Weiss, Herbert A. Levy, New York City, of counsel.

Arthur M. Wisehart, New York City, for defendant; George A. Spater, H. Wayne Wile, New York City, of counsel.

Martin C. Seham, New York City, for additional defendants; Edward F. Campbell, Huntington, N. Y., of counsel.

O'Donnell & Schwartz, New York City, for intervenors; Asher W. Schwartz, Walter N. Kaufman, New York City, of counsel.

WYATT, District Judge.

This action was commenced on March 1, 1963 and is at issue on pleadings which have been completed, including an amended complaint of plaintiffs, filed April 12, 1963.

Motions by plaintiffs and by intervenors for preliminary injunctions, and by defendant for a reference to a master, have been determined by an opinion (with findings of fact and conclusions of law) filed earlier on this day. D.C., 227 F.Supp. 674.

The motions now before the Court are (1) a motion by plaintiffs for summary judgment in their favor under Fed.R. Civ.P. 56 (reserving the amount of damages for determination at a hearing) and (2) a motion by defendant to strike an affidavit of Charles H. Ruby, sworn to June 8, 1963, and Appendix A thereto on the ground that said affidavit and appendix (submitted in support of the motion by plaintiffs for summary judgment) violate Fed.R.Civ.P. 56(e) and General Rule 9(g) of this Court.

The additional defendants not only oppose the motion for summary judgment in favor of plaintiffs but, without formal cross-motion, request that summary judgment be entered in favor of the additional defendants.

The opinion, findings of fact, and conclusions of law earlier filed herein by the Court determine that there is no genuine issue as to any material fact, that the issues tendered by plaintiffs in their complaint are cognizable only by NMB because "the administrative remedy is exclusive" (320 U.S. at 336, 64 S.Ct. 146, 88 L.Ed. 76), and that in any event the plaintiffs have no case on the merits.

Where a motion for summary judgment has been made under Fed.R. Civ.P. 56, the District Court has authority to enter a summary judgment against the moving party even though there has been no cross-motion for...