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KELLIN v. ACF INDUSTRIES

Nos. 77-77C(3), 77-413C(3).

517 F.Supp. 226 (1981)

Kenneth W. KELLIN, Plaintiff, v. ACF INDUSTRIES, Defendant. Kenneth W. KELLIN, Plaintiff, v. BROTHERHOOD OF RAILWAY CARMEN, LOCAL NO. 365, Defendant.

United States District Court, E. D. Missouri, E. D.

June 8, 1981.

Attorney(s) appearing for the Case

Joel Case, Manchester, Mo., John H. Quinn, II, Armstrong, Teasdale, Kramer & Vaughan, St. Louis, Mo., for plaintiff.

Thomas Walsh and Hollye Stolz, St. Louis, Mo., for defendant ACF Industries.

Charles A. Werner, St. Louis, Mo., for defendant BRC Local No. 365.

MEMORANDUM AND ORDER

FILIPPINE, District Judge.

Plaintiff has moved this Court for a new trial or for the entry of new judgment on the issue of retaliation, as to which this Court entered judgment on March 31, 1981. Plaintiff contends that the Eighth Circuit, in remanding the issue of retaliation to this Court for further consideration, implied that this Court must hear evidence on the issue of retaliation and on the reason for the increased number of warning...

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