Jeff Franke, et al v. Norfolk Southern Railway Co, et al
Plaintiff / Appellant: JEFF FRANKE, STEVEN FRYE and GREG FISH
Defendant / Appellee: NORFOLK SOUTHERN RAILWAY COMPANY, aka Norfolk Southern Corporation, BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, NORFOLK SOUTHERN NORTHERN LINES, WHEELING AND LAKE ERIE GENERAL COMMITTEE OF ADJUSTMENT and DAVID RAY
Case Number: 21-3848
Filed: September 22, 2021
Court: U.S. Court of Appeals, Sixth Circuit
Nature of Suit: Labor: Railway Labor Act

Opinions

We have the following opinions for this case:

Date Filed Description
May 12, 2023 Jeff Franke v. Norfolk S. Ry. Co.

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Docket Report

This docket was last retrieved on June 5, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 5, 2023 Opinion or Order Filing 65 MANDATE ISSUED with no costs taxed. (PJE) [Entered: 06/05/2023 09:33 AM]
May 12, 2023 Opinion or Order Filing 64 UNPUBLISHED OPINION and JUDGMENT filed : AFFIRMED. Mandate to issue. Decision not for publication. Karen Nelson Moore, Eric L. Clay (AUTHORING), and John B. Nalbandian, Circuit Judges. (CL) [Entered: 05/12/2023 02:58 PM]
October 26, 2022 Opinion or Order Filing 63 CAUSE ARGUED by Mr. E. J. Leizerman for Appellants Jeff Franke, Steven Frye and Greg Fish, Mr. John B. Lewis for Appellee Norfolk Southern Railway Company, Mr. Joseph Daniel Mando for Appellees International Brotherhood of Teamsters and Norfolk Southern Northern Lines, Wheeling and Lake Erie General Committee of Adjustment and Mr. Dimitre James Petroff for Appellee Brotherhood of Locomotive Engineers and Trainmen before Moore, Circuit Judge; Clay, Circuit Judge and Nalbandian, Circuit Judge. (JRH) [Entered: 10/26/2022 12:50 PM]
September 8, 2022 Opinion or Order Filing 62 Argument acknowledgment filed by Attorney Mr. Joseph Daniel Mando for Appellees International Brotherhood of Teamsters and Norfolk Southern Northern Lines, Wheeling and Lake Erie General Committee of Adjustment. Certificate of Service: 09/08/2022. [21-3848] (JDM) [Entered: 09/08/2022 10:52 AM]
September 8, 2022 Opinion or Order Filing 61 AMENDED Argument acknowledgment filed by Attorney Mr. Frank H. Scialdone for Appellee David Ray. Certificate of Service: 09/08/2022. [21-3848]--[Edited 09/08/2022 by KSF] (FHS) [Entered: 09/08/2022 09:57 AM]
September 1, 2022 Opinion or Order Filing 60 Argument acknowledgment filed by Attorney Mr. Frank H. Scialdone for Appellee David Ray. Certificate of Service: 09/01/2022. [21-3848] (FHS) [Entered: 09/01/2022 03:42 PM]
September 1, 2022 Opinion or Order Filing 59 Argument acknowledgment filed by Attorney Mr. Dimitre James Petroff for Appellee Brotherhood of Locomotive Engineers and Trainmen. Certificate of Service: 09/01/2022. [21-3848] (DJP) [Entered: 09/01/2022 03:27 PM]
September 1, 2022 Opinion or Order Filing 58 ***ENTRY LOCKED - COUNSEL INSTRUCTED TO REFILE A CORRECTED ARGUMENT ACKNOWLEDGMENT FORM WITH THE CORRECT ARGUMENT DATE OF OCTOBER 26, 2022.** Argument acknowledgment filed by Attorney Mr. Dimitre James Petroff for Appellee Brotherhood of Locomotive Engineers and Trainmen. Certificate of Service: 09/01/2022. [21-3848]--[Edited 09/01/2022 by KSF] (DJP) [Entered: 09/01/2022 03:15 PM]
September 1, 2022 Opinion or Order Filing 57 ***ENTRY LOCKED - COUNSEL INSTRUCTED TO REFILE A CORRECTED ARGUMENT ACKNOWLEDGMENT FORM WITH THE CORRECT ARGUMENT DATE OF OCTOBER 26, 2022.** Argument acknowledgment filed by Attorney Mr. Dimitre James Petroff for Appellee Brotherhood of Locomotive Engineers and Trainmen. Certificate of Service: 09/01/2022. [21-3848]--[Edited 09/01/2022 by KSF] (DJP) [Entered: 09/01/2022 03:00 PM]
September 1, 2022 Opinion or Order Filing 56 Argument acknowledgment filed by Attorney Mr. John B. Lewis for Appellee Norfolk Southern Railway Company. Certificate of Service: 09/01/2022. [21-3848] (JBL) [Entered: 09/01/2022 11:32 AM]
August 30, 2022 Opinion or Order Filing 55 Argument acknowledgment filed by Attorney Mr. E. J. Leizerman for Appellants Greg Fish, Jeff Franke and Steven Frye. Certificate of Service: 08/30/2022. [21-3848] (EJL) [Entered: 08/30/2022 06:15 PM]
August 19, 2022 Opinion or Order Filing 54 ORAL ARGUMENT SCHEDULED for 9:00 a.m. (Eastern Time) on Wednesday, October 26, 2022. (KSF) [Entered: 08/19/2022 02:59 PM]
June 27, 2022 Opinion or Order Filing 53 REPLY BRIEF filed by Attorney Mr. E. J. Leizerman for Appellants Greg Fish, Jeff Franke and Steven Frye. Certificate of Service: 06/27/2022. [21-3848] (EJL) [Entered: 06/27/2022 09:32 PM]
June 13, 2022 Opinion or Order Filing 52 The case manager for this case is now: Gretchen Abruzzo (JEC) [Entered: 06/13/2022 11:04 AM]
May 27, 2022 Opinion or Order Filing 51 RULING LETTER SENT granting appellants' motion to extend time 21 days to file reply brief [ # 50 ] filed by Mr. E. J. Leizerman, setting reply brief deadline: reply brief due 06/27/2022. (MTW) [Entered: 05/27/2022 01:24 PM]
May 27, 2022 Opinion or Order Filing 50 MOTION filed by Mr. E. J. Leizerman for Greg Fish, Jeff Franke and Steven Frye to extend time 21 days to file reply brief. Certificate of Service: 05/27/2022. [21-3848]--[Edited to clarify 05/27/2022 by MTW] (EJL) [Entered: 05/27/2022 10:38 AM]
May 16, 2022 Opinion or Order Filing 49 APPELLEE BRIEF filed by Mr. George Henry Faulkner for International Brotherhood of Teamsters and Norfolk Southern Northern Lines, Wheeling and Lake Erie General Committee of Adjustment and Mr. James Petroff for Brotherhood of Locomotive Engineers and Trainmen. Certificate of Service: 05/16/2022. Argument Request: requested. [21-3848]--[Edited 05/17/2022 by JAC] (GHF) [Entered: 05/16/2022 04:07 PM]
May 16, 2022 Opinion or Order Filing 48 APPELLEE BRIEF filed by Mr. Frank H. Scialdone for David Ray. Certificate of Service: 05/16/2022. Argument Request: not requested. [21-3848] (FHS) [Entered: 05/16/2022 02:47 PM]
May 16, 2022 Opinion or Order Filing 47 APPELLEE BRIEF filed by Mr. John B. Lewis for Norfolk Southern Railway Company. Certificate of Service: 05/16/2022. Argument Request: not requested. [21-3848] (JBL) [Entered: 05/16/2022 02:14 PM]
April 15, 2022 Opinion or Order Filing 46 RULING LETTER SENT resetting briefing schedule: appellee brief now due 05/16/2022; granting motion to extend time 30 days to file brief [ # 45 ] filed by Mr. Frank H. Scialdone. (MTW) [Entered: 04/15/2022 10:30 AM]
April 14, 2022 Opinion or Order Filing 45 MOTION filed by Mr. Frank H. Scialdone for David Ray to extend time to file brief. Certificate of Service: 04/14/2022. [21-3848] (FHS) [Entered: 04/14/2022 08:59 AM]
March 2, 2022 Opinion or Order Filing 44 APPEARANCE filed for Appellee Norfolk Southern Railway Company by Lauren T Stuy. Certificate of Service: 03/02/2022. [21-3848] (LTS) [Entered: 03/02/2022 03:45 PM]
March 2, 2022 Opinion or Order Filing 43 RULING LETTER SENT granting appellee's unopposed motion to extend time 30 days to file brief [ # 42 ] filed by Mr. John B. Lewis, resetting briefing schedule: appellee briefs now due 04/15/2022. (MTW) [Entered: 03/02/2022 11:58 AM]
March 2, 2022 Opinion or Order Filing 42 FIRST UNOPPOSED MOTION filed by Mr. John B. Lewis for Norfolk Southern Railway Company to extend time 30 days to file brief. Certificate of Service: 03/02/2022. [21-3848]--[Edited to clarify 03/02/2022 by MTW] (JBL) [Entered: 03/02/2022 11:18 AM]
February 14, 2022 Opinion or Order Filing 41 APPELLANT BRIEF filed by Mr. E. J. Leizerman for Greg Fish, Jeff Franke and Steven Frye. Certificate of Service: 02/14/2022. Argument Request: requested. [21-3848] (EJL) [Entered: 02/14/2022 01:52 PM]
February 9, 2022 Opinion or Order Filing 40 RULING LETTER SENT granting appellant's motion to extend time to file brief [ # 39 ] filed by Mr. E. J. Leizerman, resetting briefing schedule: appellant brief now due 02/14/2022; appellee brief now due 03/16/2022. (MTW) [Entered: 02/09/2022 04:57 PM]
February 9, 2022 Opinion or Order Filing 39 MOTION filed by Mr. E. J. Leizerman for Greg Fish, Jeff Franke and Steven Frye to extend time until 02/14/2022 to file brief. Certificate of Service: 02/09/2022. [21-3848]--[Edited to clarify 02/09/2022 by MTW] (EJL) [Entered: 02/09/2022 04:13 PM]
December 7, 2021 Opinion or Order Filing 38 RULING LETTER SENT granting appellants' motion to extend time 60 days to file brief [ # 37 ] filed by Mr. E. J. Leizerman, resetting briefing schedule: appellant brief now due 02/11/2022; appellee brief now due 03/14/2022. (MTW) [Entered: 12/07/2021 10:08 AM]
December 6, 2021 Opinion or Order Filing 37 MOTION filed by Mr. E. J. Leizerman for Greg Fish, Jeff Franke and Steven Frye to extend time 60 days to file brief. Certificate of Service: 12/06/2021. [21-3848]--[Edited to clarify 12/06/2021 by MTW] (EJL) [Entered: 12/06/2021 09:18 AM]
November 2, 2021 Filing 36 BRIEFING LETTER SENT setting briefing schedule: appellant brief due 12/13/2021; appellee brief due 01/11/2022. (MTW) [Entered: 11/02/2021 04:22 PM]
November 2, 2021 Filing 35 Transcript, [20], has been filed in the District Court on 11/02/2021 ; Court Reporter: Ms. Susan Trischan ; Actual Number of Pages: 13 ; Actual Number of Volumes: 1 ; [21-3848] (ST) [Entered: 11/02/2021 01:45 PM]
October 29, 2021 Filing 34 NOTIFICATION: Setting transcript deadline, relating to transcript order, [20] Transcript to be filed in district court by Susan Trischan by 11/29/2021. (MTW) [Entered: 10/29/2021 04:16 PM]
October 20, 2021 Filing 33 Mediation Office is no longer involved in this appeal. (MLB) [Entered: 10/20/2021 02:14 PM]
October 18, 2021 Filing 32 APPEARANCE filed for Appellee Norfolk Southern Northern Lines, Wheeling and Lake Erie General Committee of Adjustment by George H. Faulkner. Certificate of Service: 10/18/2021. [21-3848] (GHF) [Entered: 10/18/2021 08:59 AM]
October 18, 2021 Filing 31 APPEARANCE filed for Appellees International Brotherhood of Teamsters and Norfolk Southern Northern Lines, Wheeling and Lake Erie General Committee of Adjustment by Joseph Daniel Mando. Certificate of Service: 10/18/2021. [21-3848] (JDM) [Entered: 10/18/2021 08:57 AM]
October 18, 2021 Filing 30 CORPORATE DISCLOSURE STATEMENT filed by Attorney Mr. Jonah Daniel Grabelsky for Appellee Norfolk Southern Northern Lines, Wheeling and Lake Erie General Committee of Adjustment Certificate of Service: 10/18/2021. [21-3848]--[Edited to clarify 10/18/2021 by MTW] (JDG) [Entered: 10/18/2021 08:55 AM]
October 18, 2021 Filing 29 CORPORATE DISCLOSURE STATEMENT filed by Attorney Mr. Jonah Daniel Grabelsky for Appellee International Brotherhood of Teamsters. Certificate of Service: 10/18/2021. [21-3848]--[Edited to clarify 10/18/2021 by MTW] (JDG) [Entered: 10/18/2021 08:53 AM]
October 18, 2021 Filing 28 APPEARANCE filed for Appellees International Brotherhood of Teamsters and Norfolk Southern Northern Lines, Wheeling and Lake Erie General Committee of Adjustment by Jonah D. Grabelsky. Certificate of Service: 10/18/2021. [21-3848] (JDG) [Entered: 10/18/2021 08:52 AM]
October 15, 2021 Filing 27 ***DOCUMENT LOCKED - COUNSEL TO REFILE AS A NON-MODIFIABLE PDF DOCUMENT***APPEARANCE filed for Appellees International Brotherhood of Teamsters and Norfolk Southern Northern Lines, Wheeling and Lake Erie General Committee of Adjustment by George H., Faulkner. Certificate of Service: 10/15/2021. [21-3848]--[Edited 10/15/2021 by MTW] (GHF) [Entered: 10/15/2021 04:18 PM]
October 15, 2021 Filing 26 ***DOCUMENT LOCKED - COUNSEL TO REFILE AS A NON-MODIFIABLE PDF DOCUMENT***APPEARANCE filed for Appellees International Brotherhood of Teamsters and Norfolk Southern Northern Lines, Wheeling and Lake Erie General Committee of Adjustment by Joseph Daniel Mando. Certificate of Service: 10/15/2021. [21-3848]--[Edited 10/15/2021 by MTW] (JDM) [Entered: 10/15/2021 04:03 PM]
October 15, 2021 Filing 25 ***DOCUMENT LOCKED - COUNSEL TO REFILE AS A NON-MODIFIABLE PDF DOCUMENT***CORPORATE DISCLOSURE STATEMENT filed by Attorney Mr. Jonah Daniel Grabelsky for Appellees International Brotherhood of Teamsters and Norfolk Southern Northern Lines, Wheeling and Lake Erie General Committee of Adjustment Certificate of Service: 10/15/2021. [21-3848]--[Edited 10/15/2021 by MTW] (JDG) [Entered: 10/15/2021 03:58 PM]
October 15, 2021 Filing 24 ******DOCUMENT LOCKED - COUNSEL TO REFILE AS A NON-MODIFIABLE PDF DOCUMENT*** CORPORATE DISCLOSURE STATEMENT filed by Attorney Mr. Jonah Daniel Grabelsky for Appellees International Brotherhood of Teamsters and Norfolk Southern Northern Lines, Wheeling and Lake Erie General Committee of Adjustment Certificate of Service: 10/15/2021. [21-3848]--[Edited 10/15/2021 by MTW] (JDG) [Entered: 10/15/2021 03:55 PM]
October 15, 2021 Filing 23 ***DOCUMENT LOCKED - COUNSEL TO REFILE AS A NON-MODIFIABLE PDF DOCUMENT*** APPEARANCE filed for Appellees International Brotherhood of Teamsters and Norfolk Southern Northern Lines, Wheeling and Lake Erie General Committee of Adjustment by Jonah D. Grabelsky. Certificate of Service: 10/15/2021. [21-3848]--[Edited 10/15/2021 by MTW] (JDG) [Entered: 10/15/2021 03:51 PM]
October 12, 2021 Filing 22 Letter sent by Mediation Office REGARDING MEDIATION: The Mediation Conference scheduled for 10/20/2021 is hereby canceled. (LMR) [Entered: 10/12/2021 04:32 PM]
October 12, 2021 Filing 21 NOTIFICATION: Setting acknowledgement deadline, relating to transcript order, [20]. Susan Trischan's acknowledgement is due 10/26/2021. (MTW) [Entered: 10/12/2021 02:11 PM]
October 12, 2021 Filing 20 TRANSCRIPT ordered from Ms. Susan Trischan, filed by Mr. E. J. Leizerman for Greg Fish, Jeff Franke and Steven Frye. [20] ; ----- This is to order a transcript of the following proceedings and to certify that satisfactory financial arrangements have been completed ----- Transcript ordered on: 09/21/2021 ; District Court Judge/Magistrate: Judge James Knepp II ; Hearing Dates: 3/4/21 - Telephone Conference ; Method of Payment: Private Funds ; Court reporter acknowledgement is due in 14 days. Certificate of Service: 10/12/2021. [21-3848] (EJL) [Entered: 10/12/2021 11:35 AM]
October 8, 2021 Filing 19 NOTICE: The initial transcript order has not been completed. If not completed by 10/12/2021 further action will be taken. (MTW) [Entered: 10/08/2021 04:22 PM]
October 8, 2021 Filing 18 APPEARANCE filed for Appellee Brotherhood of Locomotive Engineers and Trainmen by Joshua D. McInerney. Certificate of Service: 10/08/2021. [21-3848] (JM) [Entered: 10/08/2021 12:50 PM]
October 6, 2021 Filing 17 APPEARANCE filed for Appellee David Ray by Frank H. Scialdone. Certificate of Service: 10/06/2021. [21-3848] (FHS) [Entered: 10/06/2021 12:22 PM]
October 6, 2021 Filing 16 APPEARANCE filed for Appellee David Ray by John T. McLandrich. Certificate of Service: 10/06/2021. [21-3848] (JTM) [Entered: 10/06/2021 12:20 PM]
October 5, 2021 Filing 15 CORPORATE DISCLOSURE STATEMENT filed by Attorney Mr. E. J. Leizerman for Appellants Greg Fish, Jeff Franke and Steven Frye Certificate of Service: 10/05/2021. [21-3848] (EJL) [Entered: 10/05/2021 04:44 PM]
October 5, 2021 Filing 14 CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Mr. E. J. Leizerman for Appellants Greg Fish, Jeff Franke and Steven Frye.. Certificate of Service: 10/05/2021. [21-3848] (EJL) [Entered: 10/05/2021 04:43 PM]
October 5, 2021 Filing 13 APPEARANCE filed for Appellants Greg Fish, Jeff Franke and Steven Frye by E.J. Leizerman. Certificate of Service: 10/05/2021. [21-3848] (EJL) [Entered: 10/05/2021 04:05 PM]
October 5, 2021 Filing 12 ***DOCUMENT LOCKED - COUNSEL TO REFILE AS NON-MODIFIABLE PDF DOCUMENT*** CORPORATE DISCLOSURE STATEMENT filed by Attorney Mr. E. J. Leizerman for Appellants Greg Fish, Jeff Franke and Steven Frye Certificate of Service: 10/05/2021. [21-3848]--[Edited 10/05/2021 by MTW] (EJL) [Entered: 10/05/2021 02:28 PM]
October 5, 2021 Filing 11 ***DOCUMENT LOCKED - COUNSEL TO REFILE AS NON-MODIFIABLE PDF DOCUMENT*** CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Mr. E. J. Leizerman for Appellants Greg Fish, Jeff Franke and Steven Frye.. Certificate of Service: 10/05/2021. [21-3848]--[Edited 10/05/2021 by MTW] (EJL) [Entered: 10/05/2021 02:27 PM]
October 5, 2021 Filing 10 ***DOCUMENT LOCKED - COUNSEL TO REFILE AS NON-MODIFIABLE PDF***APPEARANCE filed for Appellants Greg Fish, Jeff Franke and Steven Frye by E.J. Leizerman. Certificate of Service: 10/05/2021. [21-3848]--[Edited 10/05/2021 by MTW] (EJL) [Entered: 10/05/2021 02:26 PM]
September 24, 2021 Filing 9 APPEARANCE filed for Appellee Norfolk Southern Railway Company by Dustin M. Dow. Certificate of Service: 09/24/2021. [21-3848] (DMD) [Entered: 09/24/2021 09:51 AM]
September 24, 2021 Filing 8 CORPORATE DISCLOSURE STATEMENT filed by Attorney Mr. D. James Petroff for Appellees Brotherhood of Locomotive Engineers and Trainmen. Certificate of Service: 09/24/2021. [21-3848]--[Edited to clarify 09/24/2021 by MTW] (DJP) [Entered: 09/24/2021 08:29 AM]
September 24, 2021 Filing 7 APPEARANCE filed for Appellee Brotherhood of Locomotive Engineers and Trainmen by James Petroff. Certificate of Service: 09/24/2021. [21-3848] (DJP) [Entered: 09/24/2021 08:21 AM]
September 23, 2021 Filing 6 CORPORATE DISCLOSURE STATEMENT filed by Attorney Mr. John B. Lewis for Appellee Norfolk Southern Railway Company Certificate of Service: 09/23/2021. [21-3848] (JBL) [Entered: 09/23/2021 04:00 PM]
September 23, 2021 Filing 5 APPEARANCE filed for Appellee Norfolk Southern Railway Company by John B. Lewis. Certificate of Service: 09/23/2021. [21-3848] (JBL) [Entered: 09/23/2021 03:49 PM]
September 23, 2021 Filing 4 MEDIATOR-INITIATED CALL: A Mediation conference has been scheduled for 10/20/2021 at 9:30 AM (ET) with Scott Coburn. [Please open notice for important details and deadlines.] (LMR) [Entered: 09/23/2021 03:05 PM]
September 23, 2021 Filing 3 Mediation Office is involved in this appeal. (LMR) [Entered: 09/23/2021 03:03 PM]
September 22, 2021 Filing 2 The case manager for this case is: Maria Welker (MTW) [Entered: 09/22/2021 10:57 AM]
September 22, 2021 Filing 1 Civil Case Docketed. Notice filed by Appellants Greg Fish, Jeff Franke and Steven Frye. Transcript needed: y. (MTW) [Entered: 09/22/2021 10:52 AM]

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Search for this case: Jeff Franke, et al v. Norfolk Southern Railway Co, et al
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Plaintiff / appellant: JEFF FRANKE
Represented By: E. J. Leizerman
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Plaintiff / appellant: STEVEN FRYE
Represented By: E. J. Leizerman
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Plaintiff / appellant: GREG FISH
Represented By: E. J. Leizerman
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Defendant / appellee: NORFOLK SOUTHERN RAILWAY COMPANY, aka Norfolk Southern Corporation
Represented By: John B. Lewis
Represented By: Dustin M. Dow
Represented By: Lauren Theresa Stuy
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Defendant / appellee: BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN
Represented By: D. James Petroff
Represented By: Joshua McInerney
Represented By: Dimitre James Petroff
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Defendant / appellee: INTERNATIONAL BROTHERHOOD OF TEAMSTERS
Represented By: D. James Petroff
Represented By: George Henry Faulkner
Represented By: Jonah Daniel Grabelsky
Represented By: Joseph Daniel Mando
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Defendant / appellee: NORFOLK SOUTHERN NORTHERN LINES, WHEELING AND LAKE ERIE GENERAL COMMITTEE OF ADJUSTMENT
Represented By: George Henry Faulkner
Represented By: Jonah Daniel Grabelsky
Represented By: Joseph Daniel Mando
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Defendant / appellee: DAVID RAY
Represented By: John T. McLandrich
Represented By: Frank H. Scialdone
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