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JOHNSTON v. INTERSTATE RAILROAD

Civ. A. Nos. 69-C-66-A, 69-C-71-A.

303 F.Supp. 138 (1969)

W. P. JOHNSTON v. INTERSTATE RAILROAD. Franklin D. FRAZIER v. INTERSTATE RAILROAD.

United States District Court W. D. Virginia, at Abingdon.

August 29, 1969.

Attorney(s) appearing for the Case

Carl E. McAfee, Cline & McAfee, Norton, Va., for W. P. Johnston and Franklin D. Frazier.

Leslie M. Mullins, and James C. Roberson, Greear, Bowen, Mullins, Sturgill & Roberson, Norton, Va., James I. Hardy, Washington, D. C., for Interstate Railroad.

OPINION

WIDENER, District Judge.

W. P. Johnston and Franklin D. Frazier, employees of Interstate Railroad, in Wise County, Virginia, were indicted by the Federal Grand Jury in Abingdon, Virginia, October 7, 1968, on counts of conspiracy to derail a train, and aiding in and actually derailing a train, in violation of 18 U.S.C. § 1992, 18 U.S.C. § 371, and 18 U.S.C. § 2(a).

T. E. Gurley, the general manager of the railroad, upon receiving...

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