ORDER OF R. R. TEL. v. NEW ORLEANS, TEXAS & MEX. RY. CO.

No. 13225.

156 F.2d 1 (1946)

ORDER OF RAILROAD TELEGRAPHERS et al. v. NEW ORLEANS, TEXAS & MEXICO RY. CO. et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied August 1, 1946.

Writ of Certiorari Denied October 21, 1946.


Attorney(s) appearing for the Case

R. Walston Chubb, of St. Louis, Mo. (Ralph E. Kennedy and Lewis, Rice, Tucker, Allen & Chubb, all of St. Louis, Mo., on the brief), for appellants.

Willard H. McEwen, of Toledo, Ohio (Clarence T. Case of St. Louis, Mo., Frank L. Mulholland, and Clarence M. Mulholland, both of Toledo, Ohio, and James L. Crawford, of Cincinnati, Ohio, Case, Voyles & Case., of St. Louis, Mo., and Mulholland, Robie & McEwen of Toledo, Ohio, on the brief), for appellees Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes, and H. R. Lyons.

Before GARDNER and THOMAS, Circuit Judges, and DUNCAN, District Judge.


Writ of Certiorari Denied October 21, 1946. See 67 S.Ct. 112.

THOMAS, Circuit Judge.

This is an action in two counts for a declaratory judgment and for injunctive relief. The appeal is from a judgment dismissing both counts of the petition on the merits. The first count was dismissed on the ground that the court had no jurisdiction to pass upon the controversy presented by the pleadings and the evidence, and the second...

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