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BROTHERHOOD OF R. AND S. CL., ETC. v. NORFOLK SO. RY. CO.

No. 5248.

143 F.2d 1015 (1944)

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYEES v. NORFOLK SOUTHERN RY. CO.

Circuit Court of Appeals, Fourth Circuit.

July 24, 1944.

Attorney(s) appearing for the Case

Willard H. McEwen, of Toledo, Ohio (I. M. Bailey, of Raleigh, N. C., Frank L. Mulholland and Clarence M. Mulholland, both of Toledo, Ohio, Bailey, Holding, Lassiter & Wyatt, of Raleigh, N. C., and Mulholland, Robie & McEwen, of Toledo, Ohio, on the brief), for appellant.

Robert N. Simms and Robert N. Simms, Jr., both of Raleigh, N. C., for appellee.

Before PARKER, DOBIE, and NORTHCOTT, Circuit Judges.

DOBIE, Circuit Judge.

This is an appeal from a judgment of the District Court of the United States for the Eastern District of North Carolina.

The facts involved are largely undisputed. A controversy arose between the Norfolk Southern Railway Company, the employer (hereinafter referred to as the Railroad), and the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees, representative of the employees (hereinafter called...

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