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GENERAL COMMITTEE, ETC. v. SOUTHERN PAC. CO.

No. 9991.

132 F.2d 194 (1942)

GENERAL COMMITTEE OF ADJUSTMENT OF BROTHERHOOD OF LOCOMOTIVE ENGINEERS FOR PACIFIC LINES OF SOUTHERN PAC. CO. v. SOUTHERN PAC. CO. et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied January 22, 1943.

Attorney(s) appearing for the Case

George M. Naus, of San Francisco, Cal. (Clarence E. Weisell and Horn, Weisell, McLaughlin & Lybarger, all of Cleveland, Ohio, of counsel), for appellant.

C. W. Durbrow, Henley C. Booth, and Burton Mason, all of San Francisco, Cal., for appellee Southern Pac. Co.

Donald R. Richberg, of Washington, D. C., and Felix T. Smith and L. F. Kuechler, both of San Francisco, Cal. (Davies, Richberg, Beebe, Busick & Richardson, of Washington, D. C., and Pillsbury, Madison & Sutro, of San Francisco, Cal., of counsel), for appellee Brotherhood, etc.

Before DENMAN, HANEY, and HEALY, Circuit Judges.

DENMAN, Circuit Judge.

Appellant, hereinafter called Engineers' Committee, brought suit for a judgment declaring invalid certain provisions in a contract, hereinafter called the Firemen's Schedule, between the defendant below, hereinafter called the Railway, one of the appellees, and the intervenor below, also one of the appellees, hereinafter called the Firemen's Committee. The district court's judgment gave an interpretation of the contract and a declaration of...

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