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HAYES v. UNION PAC. R. CO.

No. 12509.

184 F.2d 337 (1950)

HAYES v. UNION PAC. R. CO. et al.

United States Court of Appeals Ninth Circuit.

Rehearing Denied October 20, 1950.

Attorney(s) appearing for the Case

Harold M. Sawyer, San Francisco, Cal. (Archibald Bromsen, New York City, Gladstein, Anderson, Resner, & Leonard, San Francisco, Cal., for counsel), for appellant.

T. W. Bockes, W. R. Rouse, Elmer Collins and James A. Wilcox, all of Omaha, Neb., E. E. Bennett, Edward C. Renwick, Malcolm Davis and W. J. Schall, all of Los Angeles, Cal., for appellee Union Pac. R. R. Co.

Brobeck, Phleger & Harrison and Marion B. Plant, all of San Francisco, Cal., for appellee Dining Car Employees Union.

Before ORR, Circuit Judge, and GOODMAN and LEMMON, District Judges.

GOODMAN, District Judge.

This appeal tenders the question whether the United States District Court has jurisdiction under the Railway Labor Act, 45 U.S.C.A. § 151 et seq., of an employee's complaint charging racial discrimination in the performance of a collective bargaining agreement. The appellant Hayes for himself and others similarly situated, all of whom are Negro members of appellee Dining Car Employees Union Local #372, sought an injunction and other equitable...

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