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BIECHELE v. NORFOLK & WESTERN RAILWAY CO.

No. C68-139.

309 F.Supp. 354 (1969)

Dallas BIECHELE et al., Plaintiffs, v. NORFOLK & WESTERN RAILWAY CO., Defendant.

United States District Court N. D. Ohio, W. D.

June 19, 1969.

Attorney(s) appearing for the Case

Thomas Murray Jr., Murray & Murray, Sandusky, Ohio, for plaintiffs.

Raymond N. Watts, Flynn, Py & Kruse, Sandusky, Ohio, Charles W. Peckinpaugh, Jr., Shumaker, Loop & Kendrick, Toledo, Ohio, for defendant.

OPINION

DON J. YOUNG, District Judge.

This action was originally commenced in the Court of Common Pleas of Erie County, Ohio, and was removed to this Court by defendant on the ground of diversity of citizenship. The action was intended as a class action, and seeks damages and an injunction because of an alleged nuisance created by defendant in the operation of its coal storage and shipping facilities in Sandusky.

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