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AKRON, CANTON & YOUNGSTOWN R. CO. v. BARNES

No. 11116-11161.

215 F.2d 423 (1954)

AKRON, CANTON & YOUNGSTOWN R. CO. et al. v. BARNES et al.

United States Court of Appeals, Seventh Circuit.

August 10, 1954.

Attorney(s) appearing for the Case

Kenneth F. Burgess and D. Robert Thomas, Chicago, Ill., Howard Neitzert, Walter J. Cummings, Jr., Martin M. Lucente, William K. Bachelder, Chicago, Ill., for appellant; Sidley, Austin, Burgess & Smith, Chicago, Ill., of counsel.

Lester P. Schoene, Washington, D. C., Alex Elson, Chicago, Ill., Milton Kramer, Washington, D. C., Clarence M. Mulholland, Toledo, Ohio, Edward J. Hickey, Jr., Washington, D. C., for appellees; Schoene and Kramer, Washington, D. C., Mulholland, Robie & Hickey, Washington, D. C., of counsel.

Before LINDLEY, SWAIM, and SCHNACKENBERG, Circuit Judges.

LINDLEY, Circuit Judge.

Plaintiffs, constituting the principal railroads of the United States, sued in the District Court for a declaratory judgment as to their statutory duty as interstate carriers to bargain upon two specific proposals submitted by defendants, bargaining agents for plaintiffs' employees, under the pertinent provisions of the Railway Labor Act, 45 U.S.C.A. § 151 et sequi. The District Court dismissed the amended complaint because it believed...

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