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NORFOLK & WESTERN R. CO. v. NEMITZ

No. 70-97.

404 U.S. 37 (1971)

NORFOLK & WESTERN RAILROAD CO. v. NEMITZ ET AL.

Supreme Court of United States.

Decided November 15, 1971

Attorney(s) appearing for the Case

Martin M. Lucente argued the cause for petitioner. With him on the briefs were Howard J. Trienens and John M. Curphey.

Thomas J. Murray, Jr., argued the cause and filed a brief for respondents.

Solicitor General Griswold, Fritz R. Kahn, and Leonard S. Goodman filed a brief for the United States et al. as amici curiae urging reversal.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

In connection with a 1964 consolidation by which petitioner railway company absorbed New York, Chicago & St. Louis R. Co. (Nickel Plate), the so-called Sandusky Line, running from Columbus, Ohio, to Sandusky, Ohio, was acquired from the Pennsylvania Railroad system. Respondents were at the time employees of the Pennsylvania on the Sandusky Line. Their work was seasonal because the winter freeze barred navigation...

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