GOODBODY v. PENNSYLVANIA R. CO.

Nos. 5001, 5002.

29 F.2d 67 (1928)

GOODBODY v. PENNSYLVANIA R. CO. TIMKEN ROLLER BEARING CO. v. SAME.

Circuit Court of Appeals, Sixth Circuit.

November 7, 1928.


Attorney(s) appearing for the Case

Luther Day, of Cleveland, Ohio (Rufus S. Day and Donald W. Kling, both of Cleveland, Ohio, on the brief), for plaintiffs in error.

Andrew P. Martin, of Cleveland, Ohio (Andrew Squire and Thomas M. Kirby, both of Cleveland, Ohio, on the brief), for defendant in error.

Before DENISON, MOORMAN, and KNAPPEN, Circuit Judges.


KNAPPEN, Circuit Judge.

These cases, heard together below and here, grow out of this situation:

From about April 10, 1920, to about December 1, 1920, the yard employees of the defendant in error were out on strike, and defendant was thus unable to switch cars for the respective shippers from defendant's interchange tracks to the customary delivery and loading points of such shippers at Canton, Ohio, and so notified the latter, who thereupon, with defendant...

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