GRAND INTERNATIONAL BROTHERHOOD, ETC. v. MORPHY

No. 198.

109 F.2d 576 (1940)

GRAND INTERNATIONAL BROTHERHOOD OF LOCOMOTIVE ENGINEERS et al. v. MORPHY et al.

Circuit Court of Appeals, Second Circuit.

February 13, 1940.


Attorney(s) appearing for the Case

William R. McFeeters, of St. Albans, Vt., and Harold C. Heiss and C. E. Weisell, both of Cleveland, Ohio, for appellants Grand International Brotherhood of Locomotive Engineers and others.

Larkin, Rathbone & Perry, of New York City (Hersey Egginton, Parker Newhall, and Charles Peet, all of New York City, of counsel), for appellant Central Hanover Bank & Trust Co.

Stewart & Shearer, of New York City (George L. Shearer and Francis R. Curry, both of New York City, of counsel), for appellant United States Trust Co. of New York.

Christopher A. Webber, of Rutland, Vt., and Herrick, Smith, Donald & Farley, of Boston, Mass. (Christopher A. Webber, of Rutland, Vt., and Robert Cutler and James F. Preston, Jr., both of Boston, Mass., of counsel), for appellant Old Colony Trust Co.

Edwin W. Lawrence, of Rutland, Vt., for appellees.

Before L. HAND, CHASE, and CLARK, Circuit Judges.


CLARK, Circuit Judge.

This case is the aftermath of Burke v. Morphy, 109 F.2d 572, decided this day. After the employees had filed their action to recover the payments withheld under the order of July 30, 1938, which we have just held erroneous, and before this action had been heard or decided by the receivership court, the receiver served a new notice on the representatives of the employees that wages would be reduced 15 per cent...

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