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CITY OF FLINT v. CHESAPEAKE & O. RY. CO.

No. 76-40133.

464 F.Supp. 423 (1978)

CITY OF FLINT, Plaintiff, v. CHESAPEAKE & OHIO RAILWAY COMPANY, Defendant.

United States District Court, E. D. Michigan, S. D.

August 7, 1978.

Attorney(s) appearing for the Case

Richard J. Figura, Asst. City Atty., Flint, Mich., for plaintiff.

Russell E. Bowers, Jr., Flint, Mich., for defendant.

MEMORANDUM OPINION AND ORDER

JAMES HARVEY, District Judge.

Plaintiff, City of Flint, commenced this action on November 8, 1976 in the 7th Judicial Circuit Court, Genesee County, Michigan and on December 8, 1976, defendant Chesapeake & Ohio Railway Company (hereinafter C&O) removed the action to this court pursuant to 28 U.S.C. §§ 1441, 1332 (diversity of citizenship). Recognizing that defendant is a foreign corporation, this Court, on March...

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