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CAROTHERS v. WESTERN TRANSP. CO.

No. 76-1662.

554 F.2d 799 (1977)

Virgil CAROTHERS, Member and Representative of a Class of Certain Employees of the Western Transportation Company, Named Defendant, Plaintiff-Appellant, v. WESTERN TRANSPORTATION COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 27, 1977.

Rehearing and Rehearing Denied August 30, 1977.

Attorney(s) appearing for the Case

Dennis A. DePorter, Walter D. Braud, Rock Island, Ill., for plaintiff-appellant.

Charles R. Sprowl, E. Marvin Buehler, Chicago, Ill., Virgil Bozeman, Moline, Ill., for defendant-appellee.

Before CLARK, Associate Justice, FAIRCHILD, Chief Judge, and PELL, Circuit Judge.

Rehearing and Rehearing En Banc Denied August 30, 1977.

FAIRCHILD, Chief Judge.

Plaintiff Carothers appeals from the dismissal of an action brought on behalf of himself and a class of employees of defendant Western Transportation Company, in which plaintiff charged defendant with violating Interstate Commerce Commission Special Permission No. 74-2525 (set out in the Appendix) and wrongfully converting revenues collected thereunder. The district court ordered...

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