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SHIELDS v. UTAH IDAHO CENT. R. CO.

No. 1558.

95 F.2d 911 (1938)

SHIELDS et al. v. UTAH IDAHO CENT. R. CO.

Circuit Court of Appeals, Tenth Circuit.

April 1, 1938.

Attorney(s) appearing for the Case

Wendell Berge, Sp. Asst. to Atty. Gen. (Robert H. Jackson, Asst. Atty. Gen., Leo. F. Tierney and Hugh B. Cox, Sp. Assts. to Atty. Gen., and Robert L. Stern, Sp. Atty., of Washington, D. C., on the brief), for appellant Shields.

Nelson Thomas, of Washington, D. C. (Daniel W. Knowlton, of Washington, D. C. on the brief), for appellant Interstate Commerce Commission.

J. A. Howell, of Ogden, Utah, and Robert E. Quirk, of Washington, D. C. (J. H. DeVine and David L. Stine, both of Ogden, Utah, C. D. Cass, of Washington, D. C., and Neil R. Olmstead, of Ogden, Utah, on the brief), for appellee.

Before LEWIS, BRATTON, and WILLIAMS, Circuit Judges.

LEWIS, Circuit Judge.

This case presents the issue whether appellee's railroad, on the procedure taken before the Interstate Commerce Commission prior to the institution of this suit or independently on the facts, was brought under and subjected to the Railway Labor Act of May 20, 1926, 44 Stat. 577, as amended by the Act of June 21, 1934, 48 Stat. 1185, 45 U.S.C.A. § 151 et seq., in its relations to and its dealings with its employes. Heretofore its employes...

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