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BROTHERHOOD OF L. F. & E. v. INTERSTATE COMMERCE COM'N

No. 8728.

147 F.2d 312 (1945)

BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN et al. v. INTERSTATE COMMERCE COMMISSION.

United States Court of Appeals District of Columbia.

Decided January 15, 1945.

Attorney(s) appearing for the Case

Mr. Willard H. McEwen, of Toledo, Ohio, with whom Messrs. Frank L. Mulholland, of Toledo, Ohio, and Edward C. Kriz, of Washington, D. C., were on the brief, for appellants.

Mr. Daniel W. Knowlton, Chief Counsel, Interstate Commerce Commission, of Washington, D. C., for appellee.

Before GRONER, Chief Justice, and EDGERTON and ARNOLD, Associate Justices.

GRONER, C. J.

The single question in the case is whether the Interstate Commerce Commission, under the provisions of the Railway Labor Act, has jurisdiction and power to determine a question of employment relationship in the circumstances we are about to detail. Both the Commission and the District Court answered in the negative.* The question arose in these circumstances:

Appellants are...

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