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FABIAN v. BALTIMORE AND OHIO RAILROAD COMPANY

No. C70-322.

320 F.Supp. 573 (1970)

Anthony S. FABIAN, Plaintiff, v. The BALTIMORE AND OHIO RAILROAD COMPANY et al., Defendants.

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

October 27, 1970.

Attorney(s) appearing for the Case

Bernard S. Goldfarb, Donald J. O'Connor, Cleveland, Ohio, for plaintiff.

John H. Ritter, Byron D. Fair, Cleveland, Ohio, for defendant, The Baltimore & Ohio Railroad Co.

James L. Highsaw, Jr., Washington, D. C., Harold A. Ross, Cleveland, Ohio, for defendant, Brotherhood of Railway, Airline and Steamship Clerks, etc.

MEMORANDUM

BEN C. GREEN, District Judge.

This action was brought by the plaintiff, an employee of the defendant The Baltimore and Ohio Railroad Company (hereinafter B & O), against his employer and his union, the defendant Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employees (hereinafter BRAC). The basis of plaintiff's claim is that the defendants have conspired together "and by their concerted activity...

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