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ASSOCIATION OF C. E., ETC. v. BROTHERHOOD OF RY. AND S. S. C.

No. 5837.

85 F.2d 152 (1936)

ASSOCIATION OF CLERICAL EMPLOYEES OF ATCHISON, T. & S. F. RY. SYSTEM et al. v. BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS et al.

Circuit Court of Appeals, Seventh Circuit.

July 8, 1936.

Attorney(s) appearing for the Case

James E. Smith, E. H. Hatcher, and Frank H. McFarland, all of Topeka, Kan., for appellants.

Emmet Trainor and Homer W. Davis, both of Chicago, Ill. (Charles H. Woods, of Chicago, Ill., of counsel), for Railway Companies.

Frank L. Mulholland, of Toledo, Ohio, and Leo J. Hassenauer, of Chicago, Ill., for appellees, Brotherhood and others.

John Dickinson, Asst. Atty. Gen., Leo F. Tierney and Wendell Berge, Sp. Assts. to the Atty. Gen., Robert L. Stern, Sp. Atty., Department of Justice, of Washington, D. C., and Harry N. Connaughton and Earle C. Hurley, Sp. Assts. to U. S. Dist. Atty., both of Chicago, Ill., for appellee Michael L. Igoe.

Before SPARKS and ALSCHULER, Circuit Judges, and LINDLEY, District Judge.

ALSCHULER, Circuit Judge.

Appellants complain of the rulings of the District Court denying their motion for a temporary injunction, and on motion dismissing the bill.

The bill challenges the certification of the National Mediation Board (herein called Board) that at an election called by the Board, under the Federal Railway Labor Act as amended (45 U.S.C.A. § 151 et seq.), appellee Brotherhood was chosen to represent the clerical employees of the Atchison...

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