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PELLICER v. BROTHERHOOD OF RAILWAY & STEAM. CLERKS

No. 14859.

217 F.2d 205 (1954)

F. R. PELLICER, individually on behalf of himself as an employee of Railway Express Agency, Inc., et al., v. BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, Freight Handlers, Express and Station Employees, et al.

United States Court of Appeals Fifth Circuit.

December 9, 1954.

Attorney(s) appearing for the Case

Martin J. Pearl and Thurman G. Justice, Jacksonville, Fla., for appellant.

Richard R. Lyman, Toledo, Ohio, Charles R. Scott, William L. Durden, Jacksonville, Fla., Edward J. Hickey, Jr., Washington, D. C., (Fleming, Jones, Scott & Botts, and Durden, Whitehead, Hadlow & Adams, Jacksonville, Fla., Mulholland, Robie & Hickey, and Clarence M. Mulholland, Toledo, Ohio, of counsel), for appellees.

Before HOLMES, BORAH, and RUSSELL, Circuit Judges.

HOLMES, Circuit Judge.

This is an action by a railway-agency employee to have enjoined as unlawful an amendment to a bargaining agreement that modified his seniority rights by integration of colored employees with other employees. The action was instituted in a state court and removed to the federal district court. The motion to dismiss was granted because the complaint failed to state a cause of action. The question presented is whether the amendment was unlawful...

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