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CLEAPOR v. ATLANTA, B. & C. R. CO.

No. 10064.

123 F.2d 374 (1941)

CLEAPOR v. ATLANTA, B. & C. R. CO.

Circuit Court of Appeals, Fifth Circuit.

November 10, 1941.

Attorney(s) appearing for the Case

Thomas B. Branch, Jr., of Atlanta, Ga., for appellant.

Furman Smith, of Atlanta, Ga., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.

HUTCHESON, Circuit Judge.

Claiming a wrongful discharge, plaintiff sued under Title 45 U.S.C.A. § 151 et seq., to enforce an award of the Railroad Adjustment Board, Fourth Division, ordering his restoration to service with seniority rights unimpaired but without pay for time lost. More particularly stated, his claim was that, though he was acting in a supervisory capacity, and was excluded by Subdivision (c) Rule 121 of the collective...

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