Civ. No. S-87-488.

659 F.Supp. 824 (1987)

Margaretha WALK, an Individual, and Maurice Walk, Trustees for the Cynthia Walk Trust, the Dinand M. Walk Trust, and the Margaretha Walk Trust, and Vincent Ciarlante v. The BALTIMORE AND OHIO RAILROAD, the Chesapeake and Ohio Railroad and the CSX Corporation.

United States District Court, D. Maryland.

May 6, 1987.

Attorney(s) appearing for the Case

John B. Isbister, Tydings & Rosenberg, Baltimore, Md., Michael P. Malakoff, Ellen M. Doyle, Berger, Kapetan, Malakoff & Meyers, P.C., Pittsburgh, Pa., for plaintiffs.

Wilbur D. Preston, Jr., Richard Magid, Ward B. Coe, II, William F. Ryan, Whiteford, Taylor & Preston, Baltimore, Md., for defendants.

SMALKIN, District Judge.

This is a three-count civil action before the Court on a pre-answer amended complaint, filed pursuant to 28 U.S.C. §§ 1331 and 1332, by minority shareholders of the B & O Railroad. (They seek class action status.) The first two counts claim civil violations of the Racketeer Influenced and Corrupt Organizations [RICO] statute, 18 U.S.C. § 1961 et seq. The third count claims violation of a state-law based fiduciary...

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