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BUTLER v. THOMPSON

No. 14293.

192 F.2d 831 (1951)

BUTLER v. THOMPSON et al.

United States Court of Appeals Eighth Circuit.

December 11, 1951.

Attorney(s) appearing for the Case

C. Frank Aldrich, St. Louis, Mo., for appellant.

Thomas J. Cole, St. Louis, Mo. (Thomas T. Railey, St. Louis, Mo., on the brief), for appellees.

J. W. Brown and Ben Gettler, Cincinnati, Ohio, amicus curiae, for Hotel & Restaurant Employees and Bartenders International Union et al.

Before GARDNER, Chief Judge, and THOMAS and COLLET, Circuit Judges.

THOMAS, Circuit Judge.

This is an appeal by the plaintiff from a judgment dismissing his complaint "for failure to state a cause of action."

The complaint alleges that the action arises under the Railway Labor Act, Title 45, Chapter 8, 45 United States Code Annotated, § 151 et seq.; that since 1923 plaintiff was a dining car employee of the Missouri Pacific Railroad Co., of which company Guy Thompson is trustee; that he was suspended on August 23, 1947...

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