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NEMITZ v. NORFOLK & WESTERN RY. CO.

No. C 68-13.

23 Ohio Misc. 78 (1969)

NEMITZ ET AL., PLAINTIFFS, v. NORFOLK & WESTERN RY. CO., DEFENDANT, AND THIRD PARTY PLAINTIFF v. BROTHERHOOD OF RAILROAD TRAINMEN, THIRD PARTY DEFENDANT.

United States District Court, Northern District, Western Division.

Decided December 19, 1969.

Attorney(s) appearing for the Case

Mr. Thomas Murray, for plaintiffs.

Mr. John M. Curphey and Mr. E. Thomas Maguire, for defendant Norfolk and Western Railway Co.

Mr. Robert Hart, for defendant Brotherhood of Railroad Trainmen.

YOUNG, J.

On October 16, 1964, the New York, Chicago & St. Louis Railway (hereinafter referred to as the Nickel Plate) was merged into the Norfolk & Western Railway (hereinafter referred to as the N & W) with the N & W as the surviving entity. The transaction involved the assumption of control of several smaller lines by the combined company. Among these was the so-called Sandusky Line from Columbus, Ohio, to Sandusky, Ohio, purchased from the Connecting...

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