Norfolk & Western Railroad v. Nemitz

404 U.S. 37 (1971)

NORFOLK & WESTERN RAILROAD CO.

v.

NEMITZ ET AL.

No. 70-97.

Supreme Court of United States.

Argued October 21, 1971

Decided November 15, 1971

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT.

Martin M. Lucente argued the cause for petitioner. With him on the briefs were Howard J. Trienens and John M. Curphey.

Thomas J. Murray, Jr., argued the cause and filed a brief for respondents.

Solicitor General Griswold, Fritz R. Kahn, and Leonard S. Goodman filed a brief for the United States et al. as amici curiae urging reversal.

In connection with a 1964 consolidation by…