McCann

ORDER

This matter comes before the Court on the plaintiffs motion to remand this action to state court and for attorney fees, and on the defendant’s motion to dismiss for lack of subject matter jurisdiction. The parties’ motions came on for hearing on January 14, 1991 at 10:00 a.m., the Honorable Thel-ton E. Henderson presiding. Stephen R. Jaffe appeared for the plaintiff. Charles F. Palmer, Randi Maurer and Perkins Coie appeared for the defendants.

The central issue in deciding both of the major motions is whether the plaintiff’s state law claims are preempted by the Railway Labor Act. After careful consideration of the parties’ written and oral arguments, it appears to the satisfaction of the Court therefrom that the plaintiff’s state law claims are not preempted by the Railway Labor Act, and that therefore, the plaintiff’s motion to remand to state court should be GRANTED, and the defendant’s motion to dismiss for lack of subject matter jurisdiction should be DENIED. However, we do not believe that the plaintiff has demonstrated that attorney fees are appropriate in this instance, and we therefore exercise our discretion to DENY the motion for attorney fees.

BACKGROUND

At…