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BROTHERHOOD OF LOCOMOTIVE FIREMEN, ETC. v. TUNSTALL

No. 5609.

163 F.2d 289 (1947)

BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN et al. v. TUNSTALL.

Circuit Court of Appeals, Fourth Circuit.

Writ of Certiorari Denied December 15, 1947.

Attorney(s) appearing for the Case

Ralph M. Hoyt, of Milwaukee, Wis., and William G. Maupin, of Norfolk, Va. (Harold C. Heiss and Russell B. Day, both of Cleveland, Ohio, and Jas. G. Martin, of Norfolk, Va., on the brief), for appellants.

Charles H. Houston, of Washington, D. C. (Joseph C. Waddy, of Washington, D. C., and Oliver W. Hill, of Richmond, Va., on the brief), for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

Writ of Certiorari Denied December 15, 1947. See 68 S.Ct. 262.

PARKER, Circuit Judge.

This is an appeal from the final judgment and decree in a suit by a Negro locomotive fireman employed by the Norfolk Southern Railway Company against that company and the Brotherhood of Locomotive Firemen & Enginemen to obtain a declaratory judgment, injunctive relief and damages. When the case was first before us we were of opinion that, under recent decisions of the...

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