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STRONG v. PENN CENTRAL RAILROAD COMPANY

No. 68 Civ. 5204.

297 F.Supp. 595 (1969)

James I. STRONG and Earl R. Laird, on behalf of themselves and all others similarly situated, Plaintiffs, v. PENN CENTRAL RAILROAD COMPANY, Defendant.

United States District Court S. D. New York.

March 27, 1969.

Attorney(s) appearing for the Case

O'Donnell & Schwartz, by Asher W. Schwartz, New York City, for plaintiffs.

Thomas J. Smith, by Jerome H. Shapiro, New York City, for defendant.

MEMORANDUM OPINION

EDELSTEIN, District Judge.

This suit is brought as a class action1 by the plaintiffs in which they allege that the defendant has passed a regulation the effect of which is to insulate it from the provisions of the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq. The regulation in issue is one promulgated by defendants on or about February 1968, which provides that any employee who institutes a...

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