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KEMP v. CSX TRANSP., INC.

No. 1:11-CV-706.

993 F.Supp.2d 197 (2014)

Terrance KEMP, a/k/a Terrance J. Kemp; Theodore R. Smith; Dennis G. McKay; Stephon D. Burkett; and Matthew Thompson, Plaintiffs, v. CSX TRANSPORTATION, INC., Defendant.

United States District Court, N.D. New York.

January 27, 2014.

Attorney(s) appearing for the Case

John J. Hoke, Esq. , Meredith A. Moriarty, Esq. , Smith Hoke, PLLC, Albany, NY, for Plaintiffs.

Susan C. Roney, Esq. , Lynnette Nogueras-Trummer, Esq. , Nixon Peabody LLP, Buffalo, NY, for Defendant.

MEMORANDUM—DECISION and ORDER

DAVID N. HURD, District Judge.

I. INTRODUCTION

Plaintiffs Terrance Kemp, Theodore Smith, Dennis McKay, Stephon Burkett, and Matthew Thompson (collectively "plaintiffs") work, or have worked, for defendant CSX Transportation, Inc. ("CSX") as train conductors in the company's Albany Division, which is based in Selkirk, New York. They initiated this action on June 23, 2011, and filed an...

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