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NEMITZ v. NORFOLK AND WESTERN RAILWAY CO.

No. C 68-13.

309 F.Supp. 575 (1969)

Richard NEMITZ et al., Plaintiffs, v. NORFOLK AND WESTERN RAILWAY CO., Defendant and Third Party Plaintiff, v. BROTHERHOOD OF RAILROAD TRAINMEN, a voluntary unincorporated association, Third-Party Defendant.

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

December 19, 1969.

Attorney(s) appearing for the Case

Thomas Murray, Sandusky, Ohio, for plaintiffs.

E. Thomas Maguire, Toledo, Ohio, for defendant and third-party plaintiff.

Robert Hart, Cleveland, Ohio, for third-party defendant.

OPINION

DON J. YOUNG, District Judge.

On October 16, 1964 the New York, Chicago & St. Louis Railroad (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...

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