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ARBITRATION DECISION

Edward M. Knapik v. Norfolk & Western Ry. Co. and the Newburgh and South Shore Railway Company

In a letter dated November 4, 1980 from Neil W. Reddington, District Claims Agent, Louisville & Nashville Railroad Company, addressed to J. D. Temple, Secretary-Treasurer, American Railroads, Mr. Reddington stated:

Re: In the Matter of Arbitration of the case of Edward M. Knapik, et al. v. Norfolk and Western Railway Company and The Newburgh and South Shore Railway Company.

Please refer to your file on the above matter.

After reviewing the information relative to the facts in this case, as submitted by both the Norfolk Railway Company and The Newburgh and South Shore Railway Company, it is my opinion that the Railroad car in question in this matter was IN TRANSIT; therefore, this case does not fall within the scope of the Intra-Industry Claims Agreement and should be dismissed.

I trust the foregoing information is sufficient as to my position as an arbitrator in this matter; however, if further information is needed, please advise.

Neil W. Reddington
District Claims Agent