HOWARD v. ST. LOUIS-SAN FRANCISCO RAILWAY CO.

No. 15007.

215 F.2d 690 (1954)

Simon L. HOWARD, Sr., Appellant, v. ST. LOUIS-SAN FRANCISCO RAILWAY CO., a Corporation, Brotherhood of Railroad Trainmen, an Unincorporated Association, and C. O. Carnahan, General Chairman, Brotherhood of Railroad Trainmen, Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied October 8, 1954.


Attorney(s) appearing for the Case

Victor Packman, St. Louis, Mo. (Henry D. Espy, St. Louis, Mo., and Joseph C. Waddy, Washington, D. C., with him on the brief), for appellant.

A. J. Baumann, St. Louis, Mo. (James L. Homire and C. H. Skinker, Jr., St. Louis, Mo., with him on the brief), for appellee St. Louis-San Francisco Ry. Co.

Charles R. Judge, St. Louis, Mo. (Dubail & Judge, St. Louis, Mo., with him on the brief), for appellees Brotherhood of Railroad Trainmen and C. O. Carnahan, General Chairman.

Before SANBORN, JOHNSEN and COLLET, Circuit Judges.


JOHNSEN, Circuit Judge.

We held in Howard v. St. Louis-San Francisco Ry. Co., 8 Cir., 191 F.2d 442, 449, that an agreement exacted from the Railway by the Brotherhood of Railroad Trainmen, requiring the carrier to get rid of its "train porters", who were Negroes, and to replace them with "brakemen", who were white men, was entitled to be enjoined from being used or given effect, except as "a consolidation of the positions and crafts...

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