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DILLARD v. CHESAPEAKE & O. RY. CO.

No. 6454.

199 F.2d 948 (1952)

DILLARD et al. v. CHESAPEAKE & O. RY. CO. et al.

United States Court of Appeals Fourth Circuit.

Decided November 10, 1952.

Attorney(s) appearing for the Case

Joseph C. Waddy, Washington, D. C. (T. G. Nutter, Charleston, W. Va., and William C. Gardner, Washington, D. C., on the brief), for appellants.

Richard R. Lyman, Toledo, Ohio, and Strother Hynes, Richmond, Va. (W. G. Stathers, Clarksburg, W. Va., Clarence M. Mulholland, Toledo, Ohio, Stathers & Cantrall, Clarksburg, W. Va., Mulholland, Robie & Hickey, Toledo, Ohio, Amos A. Bolen, Fitzpatrick, Marshall, Huddleston & Bolen, Huntington, W. Va., John W. Hanifin, Richmond, Va., and Bert H. Early, Huntington, W. Va., on the brief), for appellees.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PARKER, Chief Judge.

This is an appeal from an order dismissing for lack of jurisdiction a class action instituted by Negro laborers employed by the C. & O. Railway Company against that company, certain labor organizations representing its employees as bargaining representatives and System Federation No. 41, an unincorporated association of these organizations. Some of the plaintiffs are machinists' helpers who allege that the federation and its component labor...

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