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ELDER v. NEW YORK CENT. R. CO.

No. 10020.

152 F.2d 361 (1945)

ELDER v. NEW YORK CENT. R. CO.

Circuit Court of Appeals, Sixth Circuit.

December 3, 1945.

Attorney(s) appearing for the Case

John W. Cowell, of Cincinnati, Ohio (Blakely & Blakely, of Covington, Ky., on the brief), for appellant.

Lewis Levy, of Cincinnati, Ohio (Henry B. Street, Charles P. Stewart, Galvin, Tracy, Geoghegan, Levy & Milliken, and Harmon, Colston, Goldsmith & Hoadly, all of Cincinnati, Ohio, on the brief), for appellee.

Before HICKS, ALLEN, and MARTIN, Circuit Judges.

MARTIN, Circuit Judge.

The appellant, Richard Elder, sought unsuccessfully in the district court to recover from the appellee railroad company $6,360 in wages lost by him in consequence of its refusal to reinstate him as clerk, from which position he was furloughed by the company when its office personnel was reduced on April 1, 1936. He contends that the railroad company had no right to dismiss him, without cause and without his consent, through a bargaining agreement...

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