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BOETTJER v. CHESAPEAKE AND OHIO RY. CO.

Civ. A. No. 83-5.

612 F.Supp. 1207 (1985)

Glen D. BOETTJER, Gary A. Carpenter and United Transportation Union, by Hugh A. Cobb, General Chairman (C & O—Proper), Plaintiffs, v. CHESAPEAKE AND OHIO RAILWAY COMPANY, Defendant.

Special Court, Regional Rail Reorganization Act.

July 9, 1985.

Attorney(s) appearing for the Case

Nelson G. Grills, Indianapolis, Ind., for plaintiffs Glen D. Boettjer, et al.

D. Christopher Ohly, H. Russell Smouse, Melnicove, Kaufman, Weiner & Smouse, P.A., Baltimore, Md., Nicholas S. Yovanovic, Chesapeake and Ohio Ry. Co., Cleveland, Ohio, for defendant Chesapeake and Ohio Ry. Co.

Before GASCH, Presiding Judge, and BRYANT and WEINER, Judges.

MEMORANDUM

GASCH, Presiding Judge:

This is an action for declaratory, injunctive and other relief arising out of defendant Chesapeake and Ohio Railway Company's alleged violation of the Indiana Minimum Crew Law and a 1982 crew consist agreement between plaintiff The United Transportation Union and defendant. Presently before the Court are the parties' cross motions for summary judgment.

BACKGROUND

As amended in 1972, Indiana's Minimum Crew...

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