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BROTHERHOOD OF RAILROAD TRAINMEN v. TEXAS & P. RY. CO.

No. 11663.

159 F.2d 822 (1947)

BROTHERHOOD OF RAILROAD TRAINMEN v. TEXAS & P. RY. CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 19, 1947.

Attorney(s) appearing for the Case

Kemble K. Kennedy, of Baton Rouge, La., for appellants.

M. E. Clinton, H. Payne Breazeale, and Fred G. Benton, all of Baton Rouge, La., Frank H. Peterman, of Alexandria, La., Esmond Phelps, of New Orleans, La., Fred G. Hudson, Jr., of Monroe, La., and Thos. T. Railey, of St. Louis, Mo., for appellees.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

HUTCHESON, Circuit Judge.

This is another of those cases arising under the Railway Labor Act, of which Brotherhood v. T. & N. O.1 was the first, where on appeal the primary question for decision is, does the suit present a justiciable controversy? The secondary one is, is the judgment right?

The matter comes up in this way. Grounding jurisdiction on diversity and on the Railway Labor Act of 1934,2

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