BURKE v. UNION PAC. R. CO.

No. 2495.

129 F.2d 844 (1942)

BURKE v. UNION PAC. R. CO.

Circuit Court of Appeals, Tenth Circuit.

June 30, 1942.


Attorney(s) appearing for the Case

O. H. Matthews and Paul G. Ellis, both of Salt Lake City, Utah, for appellant.

W. Hal Farr, of Salt Lake City, Utah (Geo. H. Smith and Robt. B. Porter, both of Salt Lake City, Utah, on the brief), for appellee.

Before PHILLIPS, MURRAH, and WILLIAMS, Circuit Judges.


WILLIAMS, Circuit Judge.

Appellant, herein referred to as plaintiff, alleged that under rules and regulations between the Brotherhood of Railway Trainmen, a labor organization, and defendant, an interstate carrier, he was entitled to work, at his agreed wage of $7.06 per day as a yard switchman; that he had been paid such wage for such work-time performed by him; that he went to work on July 19, 1937, and on September 9, 1937,

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