Find Court Cases > Go Back to List > Callis, Papa, Jackstadt & Halloran, P.C. v. Norfolk & Western Ry. Co.

Callis, Papa, Jackstadt & Halloran, P.C. v. Norfolk & Western Ry. Co.

Case Date: 12/31/1969
Court: Supreme Court
Docket No: 88306 Rel

Docket No. 88306-Agenda 16-September 2000.

CALLIS, PAPA, JACKSTADT & HALLORAN, P.C., Appellee,
v. NORFOLK AND WESTERN RAILWAY COMPANY,
Appellant.

Opinion filed April 19, 2001.

JUSTICE FREEMAN delivered the opinion of the court:

Plaintiff, Callis, Papa, Jackstadt & Halloran, P.C. (hereinafter,the law firm), sought injunctive relief in the circuit court ofMadison County against defendant, Norfolk and Western RailwayCompany(1) (hereinafter, the railroad). The circuit court granted apreliminary injunction, and the railroad appealed. In a summaryorder, the appellate court affirmed the circuit court's judgment.No. 5-98-0756 (unpublished order under Supreme Court Rule23). The railroad then filed a petition for leave to appeal (177 Ill.2d R. 315(a)), which this court granted. For the reasons thatfollow, we now reverse the judgment of the appellate court.

 

BACKGROUND

The parties do not dispute the essential facts in this matter.The railroad is a corporation that operates trains and maintainstrack, rolling stock, and equipment in the southern Illinois region.Thomas R. Rush is a conductor in defendant's employ. Rush is amember of the United Transportation Union (UTU), and hisemployment is governed by a collective-bargaining agreementbetween the railroad and the UTU, as well as by the provisions ofthe federal Railway Labor Act (45 U.S.C.