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BAILEY v. NORFOLK & WESTERN RY. CO.

Civ. A. No. 1:93-0649.

842 F.Supp. 218 (1994)

Joe W. BAILEY, et al., Plaintiffs, v. NORFOLK & WESTERN RAILWAY COMPANY, a statutory corporation, Defendant.

United States District Court, S.D. West Virginia, Bluefield Division.

January 24, 1994.

Attorney(s) appearing for the Case

Lane O. Austin and William Flanigan, Sanders, Austin, Swope & Flanigan, Princeton, WV, for plaintiffs.

Jeffrey S. Berlin and Mark E. Martin, Richardson, Berlin & Morvillo, Washington, DC, Wade T. Watson, Sanders, Watson & White, Bluefield, WV, William P. Stallsmith, Jr., Norfolk, VA, for defendant.

OPINION

FABER, District Judge.

This civil action was originally filed in the Circuit Court of McDowell County, West Virginia, by some fifty-two individual employees of the Norfolk & Western Railway Company ("N & W"), all of whom are over forty years of age. Plaintiffs contend that the N & W's rules, practices and procedures concerning seniority for conductors constitute a direct and purposeful violation of that portion of the West Virginia...

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