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NEMITZ v. NORFOLK AND WESTERN RAILWAY COMPANY

No. 20326.

436 F.2d 841 (1971)

Richard NEMITZ et al., Plaintiffs-Appellees, v. NORFOLK AND WESTERN RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

January 15, 1971.

Attorney(s) appearing for the Case

John M. Curphey, Toledo, Ohio, Thomas Maguire, Toledo, Ohio, Howard J. Trienens, Martin M. Lucente, Ronald J. Sklar, Chicago, Ill., on the brief; Robison, Curphey & O'Connell, Toledo, Ohio, Sidley & Austin, Chicago, Ill., of counsel, for appellant.

Thomas J. Murray, Jr., Sandusky, Ohio, Murray & Murray, Sandusky, Ohio, on the brief, for appellees.

Before CELEBREZZE and MILLER, Circuit Judges, and WEINMAN, District Judge.

WILLIAM E. MILLER, Circuit Judge.

This action arose out of the merger of the Norfolk and Western Railway Company with the New York, Chicago & St. Louis Railroad Company (Nickel Plate), the lease by the Norfolk and Western of the Wabash Railroad Company, and the purchase by the Norfolk and Western of the Sandusky Line from the Pennsylvania Railroad. These transactions were authorized in 1964 by the Interstate Commerce Commission pursuant to the Interstate Commerce...

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