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GASKILL v. ROTH

No. 13055.

151 F.2d 366 (1945)

GASKILL et al. v. ROTH et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied November 7, 1945.

Attorney(s) appearing for the Case

S. L. Winters, of Omaha, Neb., for appellants.

Wymer Dressler, of Omaha, Neb. (Robert D. Neely and Nye F. Morehouse, both of Omaha, Neb., on the brief), for appellee Chicago & N. W. Ry. Co.

W. C. Fraser, of Omaha, Neb., and V. C. Shuttleworth, of Cedar Rapids, Iowa, for appellees Order of Railway Conductors, Brotherhood of Railway Trainmen, and George Kimball.

Before WOODROUGH, JOHNSEN, and RIDDICK, Circuit Judges.

WOODROUGH, Circuit Judge.

This action was brought May 8, 1939, by forty-one conductors and brakemen employed by the Chicago & North Western Railway Company in its Eastern or Nebraska Division against the railroad and one Kimball, an employee of the road in its Sioux City Division. The Order of Railway Conductors and Brotherhood of Railroad Trainmen were also made parties defendant. After hearing, the case was dismissed and decision of this court on appeal reversing...

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