ORDER OF RAILWAY CONDUCTORS v. SWAN

Nos. 8714, 8715.

152 F.2d 325 (1945)

ORDER OF RAILWAY CONDUCTORS OF AMERICA et al. v. SWAN et al. WILLIAMS et al. v. SAME.

Circuit Court of Appeals, Seventh Circuit.

December 21, 1945.


Attorney(s) appearing for the Case

V. C. Shuttleworth and H. E. Wilmarth, both of Cedar Rapids, Iowa, W. A. Endle, General Offices, Order of Ry. Conductors, of Cleveland, Ohio, and Everett L. Gordon and Leo J. Hassenauer, both of Chicago, Ill., for appellants.

Anan Raymond, Conrad H. Poppenhusen and R. Z. Hickman, all of Chicago, Ill. (Poppenhusen, Johnston, Thompson & Raymond, of Chicago, Ill., of counsel), for intervenor-appellee.

Kenneth F. Burgess, Douglas F. Smith, and Robert Diller, all of Chicago, Ill., R. J. Hagman and Hallan Huffman, both of St. Paul, Minn., Bryce L. Hamilton, of Chicago, Ill., Burton Mason, of San Francisco, Cal., and John A. Sheean, of Chicago, Ill. (Sidley, Austin, Burgess & Harper, and Winston, Strawn & Shaw, all of Chicago, Ill., of counsel), for defendants-appellees.

Before EVANS, SPARKS, and KERNER, Circuit Judges.


SPARKS, Circuit Judge.

Plaintiffs instituted this action under general federal equity jurisdiction, for a declaratory judgment pursuant to § 274d (1) of the Judicial Code, 28 U.S.C.A. § 400(1). They sought to have the First Division of the National Railroad Adjustment Board declared to have exclusive jurisdiction of disputes involving railroad yardmasters, within the terms and definitions of § 3, subd. First (h) of the Railway Labor Act of May 20, 1926...

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