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JOINT COUNCIL, ETC. v. DELAWARE, L. & W. R. CO.

No. 272, Docket 20185.

157 F.2d 417 (1946)

JOINT COUNCIL DINING CAR EMPLOYEES LOCAL 370, HOTEL AND RESTAURANT EMPLOYEES INTERNATIONAL ALLIANCE, et al. v. DELAWARE, L. & W. R. CO.

Circuit Court of Appeals, Second Circuit.

July 15, 1946.

Attorney(s) appearing for the Case

Hope R. Stevens, of New York City, for plaintiffs-appellants.

Harold J. Gilmartin, of New York City (Rowland L. Davis, Jr., of New York City, on the brief), for defendant-appellee.

Before CHASE, CLARK, and FRANK, Circuit Judges.

CLARK, Circuit Judge.

This appeal involves an interesting question as to the effect of an express limitation upon a special statutory remedy where failure to institute suit more promptly is sought to be explained as a consequence of the celebration of "V-J Day" authorized by the President of the United States in connection with the victory in the Pacific. The action here is on an award of the Third Division of the National Railroad Adjustment Board made against the...

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