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MALONE v. GARDNER

No. 3325.

62 F.2d 15 (1932)

MALONE v. GARDNER et al.

Circuit Court of Appeals, Fourth Circuit.

November 28, 1932.

Attorney(s) appearing for the Case

W. W. Goldsmith, of Beckley, W. Va. (File, Goldsmith & Scherer and Ashton File, all of Beckley, W. Va., on the brief), for appellant.

J. W. Maxwell, of Beckley, W. Va., and Clarence E. Weisell, of Cleveland, Ohio (Oscar J. Horn, of Cleveland, Ohio, on the brief), for appellees.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

SOPER, Circuit Judge.

P. O. Malone, a locomotive engineer in the employ of the Chesapeake & Ohio Railway Company, brought this suit in equity in the District Court on his own behalf as plaintiff and as the representative of a large number of other locomotive engineers, similarly engaged, against certain other locomotive engineers employed by the railway company, including Lynn Gardner and W. L. Burk, who were sued in their own right and as officers of Division...

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