KIRKLAND v. ATLANTIC COAST LINE R. CO.

No. 9636.

167 F.2d 529 (1948)

KIRKLAND et al. v. ATLANTIC COAST LINE R. CO. et al.

United States Court of Appeals District of Columbia.

Decided April 19, 1948.


Attorney(s) appearing for the Case

Messrs. E. Smythe Gambrell and W. Glen Harlan, both of Atlanta, Ga., both of the bar of the State of Georgia, pro hac vice, by special leave of Court, with whom Mr. Llewellyn C. Thomas, of Washington, D. C., was on the brief, for appellants.

Mr. Edward J. Hickey, Jr., Special Assistant to the Attorney General, with whom Mr. George Morris Fay, United States Attorney, of Washington, D. C., was on the brief, for appellees National Mediation Board and Frank P. Douglass.

Mr. Carl McFarland, of Washington, D. C., with whom Mr. Stephen J. Angland, of Washington, D. C., was on the brief, for appellee Grand International Brotherhood of Locomotive Engineers.

Messrs. Thomas W. Davis, of Wilmington, N. C., and Robert R. Faulkner, of Washington, D. C., entered appearances for appellee Atlantic Coast Line Railroad Company.

Before EDGERTON, CLARK, and PRETTYMAN, Associate Justices.


PER CURIAM.

Appellants are locomotive engineers on the Western Division of appellee Atlantic Coast Line Railroad Company. Their complaint asked the District Court to declare that a certification, by appellee National Mediation Board, of a bargaining representative was null and void. The court rightly dismissed the complaint for lack of jurisdiction.

The Supreme Court decided in 1943 that certifications of bargaining representatives under Sec. 2, Ninth of the...

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