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LEU v. NORFOLK & WESTERN RY. CO.

No. 86-1377.

820 F.2d 825 (1987)

James W. LEU, et al., Individually and as Representative of a Class, Plaintiffs-Appellants, v. NORFOLK & WESTERN RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 8, 1987.

Attorney(s) appearing for the Case

Randolph E. Schum, Blunt & Schum, Edwardsville, Ill., for plaintiffs-appellants.

James S. Whitehead, Sidley & Austin, Chicago, Ill., for defendant-appellee.

Before WOOD, COFFEY and RIPPLE, Circuit Judges.

RIPPLE, Circuit Judge.

This action is before the court pursuant to 28 U.S.C. § 1291 as an appeal of a final judgment of the United States District Court for the Southern District of Illinois. On February 6, 1986, the district court granted the defendant's motion to dismiss the plaintiffs' second amended complaint, and plaintiffs' appeal. The complaint was dismissed under Fed.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction and, alternatively, dismissed...

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