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KIRBY v. PENNSYLVANIA R. CO.

No. 10290.

188 F.2d 793 (1951)

KIRBY et al. v. PENNSYLVANIA R. CO.

United States Court of Appeals Third Circuit.

Filed April 23, 1951.

Attorney(s) appearing for the Case

Harvey N. Schmidt, Philadelphia, Pa. (Rufus Scoville Watson, James K. Baker, Philadelphia, Pa., on the brief), for appellant.

Owen B. Rhoads, Philadelphia, Pa. (John Dickinson, Guy W. Knight, and Harold P. Dicke, all of Philadelphia, Pa., Barnes, Dechert, Price, Myers & Clark, Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge and GOODRICH and KALODNER, Circuit Judges.

GOODRICH, Circuit Judge.

This case involves the validity of an award and order of the Third Division of the National Railroad Adjustment Board. It comes to us on appeal from an order of the court below dismissing the plaintiff's complaint, which sought enforcement of an order of that Board, because it failed to state a claim upon which relief could be granted under the provisions of the Railway Labor Act, 45 U.S.C.A. § 151 et seq.

The plaintiff's complaint...

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