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MILLER v. NORFOLK SOUTHERN RY. CO.

No. 3:01 CV 7273.

183 F.Supp.2d 996 (2002)

Richard MILLER, et al., Plaintiffs, v. NORFOLK SOUTHERN RAILWAY COMPANY, et al., Defendants.

United States District Court, N.D. Ohio, Western Division.

January 16, 2002.

Attorney(s) appearing for the Case

Howard M. Hackman, Law Office of Howard M. Hackman, Columbus, OH, for Plaintiffs.

Jeffrey S. Berlin, Sidley Austin Brown & Wood, Washington, DC, John B. Lewis, Baker & Hostetler, Cleveland, OH, Juan P. Morillo, Sidley Austin Brown & Wood, Mark E. Martin, Sidley Austin Brown & Wood, Washington, DC, Michelle Warner Waller, Baker & Hostetler, John S. Kluznik, Weston, Hurd, Fallon, Paisley & Howley, Cleveland, OH, John S. Kluznik, Weston, Hurd, Fallon, Paisley & Howley, Cleveland, OH, for Defendants.

ORDER

CARR, District Judge.

Plaintiffs bring this action under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962(c) and (d) ("RICO"). Plaintiffs assert jurisdiction pursuant to 28 U.S.C. § 1331. Pending is defendants' motion to dismiss for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1), or, in the alternative, for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). For the following reasons...

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