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HYNEK v. MCI WORLD COMMUNICATIONS, INC.

No. 3:00cv758AS.

202 F.Supp.2d 831 (2002)

Stanley J. HYNEK, Kelley Farms, Inc., Evelyn Kelley, Richard Kelley, and Mark Mrozinski, on behalf of themselves and all others similarly situated, Plaintiffs, v. MCI WORLD COMMUNICATIONS, INC., MCI Worldcom Network Services, Inc., Williams Communications Group, Norfolk Southern Railway Company, Consolidated Rail Corporation, and Pennsylvania Lines LLC, Defendants.

United States District Court, N.D. Indiana. South Bend Division.

May 20, 2002.

Attorney(s) appearing for the Case

Irwin Lewin, Eric Pavlack, Scott Gilchrist, Indianapolis, IN, for Petitioner.

George E. Purdy, Alan S. Townsend, V. Samuel Laurin III, Indianapolis, IN, for Respondent.

MEMORANDUM AND ORDER

ALLEN SHARP, District Judge.

This matter is before the court on the Defendants', Norfolk Southern Railway Company, Consolidated Rail Corporation, and Pennsylvania Lines, LLC (collectively, "Railroad Defendants"), motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. This court has jurisdiction over the instant action pursuant to 28 U.S.C. §§ 1332; 1441.

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