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ALABAUGH v. BALTIMORE AND OHIO RAILROAD COMPANY

Civ. A. No. 7780.

125 F.Supp. 401 (1954)

J. R. ALABAUGH, W. H. Schaver, J. W. Welman, E. J. Schwenninger, and C. H. Smith, and C. B. Fledderman v. The BALTIMORE AND OHIO RAILROAD COMPANY, a body corporate, and Brotherhood of Locomotive Engineers, and unincorporated association, and General Grievance Committee of the Brotherhood of Locomotive Engineers on the Baltimore and Ohio Railroad, an unincorporated association.

United States District Court D. Maryland, Civil Division.

October 29, 1954.

Attorney(s) appearing for the Case

I. Duke Avnet, Baltimore, Md., and Harold Naughton, Cumberland, Md., for plaintiffs.

Sydney R. Prince, Baltimore, Md., for Baltimore & Ohio Railroad Company.

Bernard M. Savage, Baltimore, Md., and Harold N. McLaughlin, Cleveland, Ohio, for General Committee of Adjustment of the Brotherhood of Locomotive Engineers on the Baltimore and Ohio Railroad.

THOMSEN, District Judge.

The motion to dismiss the complaint in this case raises the question whether the court has jurisdiction over the subject matter, or whether exclusive primary jurisdiction is in the National Railroad Adjustment Board.

Defendant Brotherhood of Locomotive Engineers (Brotherhood) entered into a union shop agreement with defendant Baltimore and Ohio Railroad Company (B & O), effective November 1, 1951. Plaintiffs, locomotive engineers...

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