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GRAHAM v. BROTHERHOOD OF FIREMEN

No. 16.

338 U.S. 232 (1949)

GRAHAM ET AL. v. BROTHERHOOD OF LOCOMOTIVE FIREMEN & ENGINEMEN.

Supreme Court of United States.

Decided November 7, 1949.

Attorney(s) appearing for the Case

Joseph L. Rauh, Jr. argued the cause for petitioners. With him on the brief were Irving J. Levy and Henry Epstein. Charles Cook Howell was of counsel for the Atlantic Coast Line Railroad Co., petitioner.

Milton Kramer argued the cause for respondent. With him on the brief were Lester P. Schoene, Harold C. Heiss and Russell B. Day.

Solicitor General Perlman and Robert L. Stern filed a brief for the United States, as amicus curiae, supporting petitioners.

James B. McDonough, Jr. and Frank J. Wideman filed a brief for the Seaboard Air Line Railroad Co., as amicus curiae.

MR. JUSTICE JACKSON delivered the opinion of the Court.

Twenty-one Negro firemen, sometime employed by southern railroads, brought this suit against the principal defendant, the Brotherhood of Locomotive Firemen and Enginemen, three railroads, two local lodges of the Brotherhood, and certain officers of those lodges. The complaint alleges in substance that the Brotherhood is an exclusively white man's union and, as it includes...

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