BROTHERHOOD OF R. R. TRAINMEN v. SWAN

No. 11034.

214 F.2d 56 (1954)

BROTHERHOOD OF R. R. TRAINMEN v. SWAN.

United States Court of Appeals Seventh Circuit.

June 11, 1954.


Attorney(s) appearing for the Case

Burke Williamson, Jack A. Williamson, Chicago, Ill., Adams Williamson & Turney, Chicago, Ill., Wayland K. Sullivan, Cleveland, Ohio, of counsel, for appellant.

C. A. Conway, Chicago, Ill., Roscoe C. Nash, Chicago, Ill., L. Joseph Anstine, Chicago, Ill., Harry Willmarth, Cedar Rapids, Iowa, Harold C. Heiss, C. E. Weisell, Cleveland, Ohio, Richard P. Shanahan, Kansas City, Mo., Harold E. Marks, Chicago, Ill. (Chapman & Cutler, Chicago, Ill., Elliott, Shuttleworth & Ingersoll, Cedar Rapids, Iowa, Russell B. Day, Cleveland, Ohio, of counsel), for appellee.

Before LINDLEY, SWAIM and SCHNACKENBERG, Circuit Judges.


SCHNACKENBERG, Circuit Judge.

This appeal from the District Court involves a unique situation. Upon motions by the Brotherhood of Railroad Trainmen, all ten members of the First Division of the National Railroad Adjustment Board indicated by their votes that they were willing to reopen and have further proceedings in five cases, in which the Division's awards had been judicially declared void because of the absence of necessary...

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