ELGIN, J. & E.R. CO. v. BURLEY

No. 160,

327 U.S. 661 (1946)

ELGIN, JOLIET & EASTERN RAILWAY CO. v. BURLEY ET AL.

Supreme Court of United States.

Reargued December 3, 4, 1945.

Decided March 25, 1946.


Attorney(s) appearing for the Case

Paul R. Conaghan argued the cause and filed a brief for petitioner.

By special leave of Court Robert L. Stern argued the cause for the United States, as amicus curiae. With him on the brief was Solicitor General McGrath.

John H. Gately argued the cause and filed a brief for respondents.

Briefs were filed as amici curiae by Ray T. Miller, Wayland K. Sullivan, Harold N. McLaughlin and W.A. Endle for the Brotherhoods of Locomotive Engineers and Trainmen; by Harold C. Heiss, Russell B. Day and V.C. Shuttleworth for the Brotherhood of Locomotive Firemen and Enginemen et al.; and by Lee Pressman, Eugene Cotton, Frank Donner, Willard Y. Morris, William Standard, David Scribner, Leon M. Despres, John J. Abt, Isadore Katz, M.H. Goldstein and Ben Meyers for the Congress of Industrial Organizations et al., in support of petitioner.


MR. JUSTICE RUTLEDGE delivered the opinion of the Court.

We adhere to our decision rendered in the opinion filed after the first argument. 325 U.S. 711.1 That opinion expressly refrained from undertaking to make a definitive statement of what might be sufficient evidence of the collective agent's authority either to settle finally the aggrieved individual employee...

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