CHICAGO, S. S. & S. B. R. R. v. FLEMING

No. 7027.

109 F.2d 419 (1940)

CHICAGO, S. S. & S. B. R. R. v. FLEMING (INTERSTATE COMMERCE COMMISSION, Intervener).

Circuit Court of Appeals, Seventh Circuit.

As Modified on Denial of Rehearing February 13, 1940.


Attorney(s) appearing for the Case

John C. Lawyer and R. Stanley Anderson, both of Chicago, Ill., and Daniel W. Knowlton, Chief Counsel, Interstate Commerce Commission, of Washington, D. C., for appellants.

Thurman Arnold, Robert L. Stern, and Nelson Thomas, all of Washington, D. C., James R. Fleming, of Fort Wayne, Ind., and Luther M. Swygert, of Hammond, Ind., for appellee.

Before SPARKS, TREANOR, and KERNER, Circuit Judges.


SPARKS, Circuit Judge.

The Interstate Commerce Commission had determined that appellee was within the scope, and subject to, the provisions of the Railway Labor Act, 45 U.S.C.A. §§ 151 to 164. On petition of appellee, the District Court enjoined the District Attorney for the Northern District of Indiana from instituting any proceeding against appellee for alleged violation of any provisions of that Act. From that order this appeal is prosecuted.

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