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NEMITZ v. NORFOLK AND WESTERN RAILWAY CO.

No. C 68-13.

287 F.Supp. 221 (1968)

Richard NEMITZ, Martin Riley, L. J. Wuertz and Joseph Fitz, suing on behalf of themselves and all others similarly situated, Plaintiffs, v. NORFOLK AND WESTERN RAILWAY CO., Defendant.

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

July 25, 1968.

Attorney(s) appearing for the Case

Thomas J. Murray, Sandusky, Ohio, for plaintiffs.

John M. Curphey, Toledo, Ohio, for defendant.

MEMORANDUM RE DEFENDANT'S MOTION TO DISMISS

DON J. YOUNG, District Judge.

This is an action brought by plaintiffs, on behalf of themselves and all other members similarly situated of Cedar Point Lodge No. 844 of the Brotherhood of Railroad Trainmen, to recover damages incurred from the defendant railway's alleged violation of conditions imposed upon the parties by the Interstate Commerce Commission on June 24, 1964, and to enjoin further violations of the...

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