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McMULLANS v. KANSAS, OKLAHOMA AND GULF RAILWAY CO.

No. 5153.

229 F.2d 50 (1956)

Joe McMULLANS, M. R. Edwards and E. W. Pate, Appellants, v. KANSAS, OKLAHOMA AND GULF RAILWAY COMPANY, Incorporated; and Local No. 488 of Brotherhood of Locomotive Firemen and Enginemen, an unincorporated labor association; and J. B. Farrell, Chairman, W. B. Moore, Vice-Chairman, and F. E. Daniel, Secretary of the Committee of the said Brotherhood of Locomotive Firemen and Enginemen, and as Representatives of all of the Employees of the Class coming within the scope of the collective bargaining agreement between the said Railway Company and the said Brotherhood, Appellees.

United States Court of Appeals Tenth Circuit.

January 10, 1956.

Attorney(s) appearing for the Case

Edwin Langley and Chal Wheeler, Muskogee, Okl. (Chester Norman, Muskogee, Okl., was with them on the brief), for appellants.

James D. Gibson, Muskogee, Okl., for Kansas, Oklahoma & Gulf Railway Company.

Harold C. Heiss, Cleveland, Ohio (Harold R. Shoemake, Muskogee, Okl., was with him on the brief), for Local No. 488 of Brotherhood of Locomotive Firemen and Enginemen and the individual appellees.

Before PHILLIPS, Chief Judge, and MURRAH and PICKETT, Circuit Judges.

PICKETT, Circuit Judge.

The plaintiffs are able-bodied locomotive engineers over the age of seventy years with regular runs on the defendant railroad. They brought this action to restrain enforcement of a provision in a collective bargaining agreement requiring compulsory retirement at the age of seventy. The challenged provision of the contract provides that, "* * * all employees coming within the scope of agreements between the parties who have heretofore attained...

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