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GRIFFITH v. BALTIMORE & OHIO RAILROAD COMPANY

Civ. No. 7868.

162 F.Supp. 809 (1958)

Beatrice E. GRIFFITH, Administratrix of the Estate of Roy Griffith, Deceased, v. BALTIMORE & OHIO RAILROAD COMPANY.

United States District Court N. D. Ohio, W. D.

Findings of Fact and Conclusions of Law May 23, 1958.

Attorney(s) appearing for the Case

Paul B. Shawen, Perrysburg, Ohio, for plaintiff.

Shumaker, Loop & Kendrick, Charles W. Peckinpaugh, Jr., Toledo, Ohio, S. R. Prince, C. C. Rettberg, Jr., Baltimore, Md., for defendant.

KLOEB, District Judge.

Defendant moves the Court for summary judgment in its favor as to that portion of plaintiff's complaint seeking damages for loss of wages and reduced pension.

It is not denied that plaintiff's decedent elected to submit his claim for wrongful discharge to the National Railroad Adjustment Board. The exhibits filed by defendant in support of its motions clearly bear this out. These exhibits also establish that the National Railroad Adjustment...

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