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NEVILLE v. ILLINOIS CENTRAL GULF R. CO.

Civ. A. No. J75-61(R).

424 F.Supp. 1349 (1976)

Betty Jo Van NEVILLE, Administratrix of the Estate of Charles W. Van, Deceased, Plaintiff, v. ILLINOIS CENTRAL GULF RAILROAD COMPANY, Defendant.

United States District Court, S. D. Mississippi, Jackson Division.

December 23, 1976.

Attorney(s) appearing for the Case

Keith Starrett, Magnolia, Miss., for plaintiff.

John E. Hughes, III, Jackson, Miss., for defendant.

OPINION

DAN M. RUSSELL, Jr., Chief Judge.

The defendant has renewed its motion to dismiss for lack of jurisdiction of the subject matter and to enjoin plaintiff from proceeding in any court. In its first motion defendant urged that the declaration showed on its face that the controversy described therein is within the exclusive jurisdiction of the National Railroad Adjustment Board by virtue of the National Railway Labor Act, 45 U.S.C. # 153, et seq. Primarily...

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