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CONSOLIDATED RAIL CORP. v. DELAWARE & HUDSON RY.

Civ. A. No. 80-0870.

499 F.Supp. 967 (1980)

CONSOLIDATED RAIL CORPORATION v. DELAWARE AND HUDSON RAILWAY COMPANY and Brotherhood of Locomotive Engineers.

United States District Court, E. D. Pennsylvania.

September 26, 1980.

Attorney(s) appearing for the Case

Hermon M. Wells, Philadelphia, Pa., for plaintiff.

William P. Quinn, Philadelphia, Pa., for Delaware & Hudson.

Herbert G. Schick, Philadelphia, Pa., Harold A. Ross, Cleveland, Ohio, for Brotherhood.

MEMORANDUM

TROUTMAN, District Judge.

Late one afternoon in May 1976 an employee of defendant Delaware and Hudson Railway Company (D & H) operated a train against the current of traffic, the railroad equivalent of driving the wrong way down a one-way street, near Bethlehem, Pennsylvania, on track belonging to plaintiff. One week later D & H and Conrail conducted a joint investigation and concluded that the employee violated an applicable operating...

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