SAMS v. BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS

No. 7173.

233 F.2d 263 (1956)

Lawrence SAMS, Appellant, v. BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, SUMTER LODGE NUMBER 6193, R. S. Hughes, General Chairman, B. of R. C., S. E. Futrell, Vice-Chairman, B. of R. C., W. E. McIntosh, Secretary and Treasurer of B. of R. C., and Railway Express Agency, Inc., Appellees.

United States Court of Appeals Fourth Circuit.

Decided May 15, 1956.


Attorney(s) appearing for the Case

T. Kenneth Summerford and John D. Whisenhunt, Florence, S. C., on the brief, for appellant.

A. L. Hardee, Florence, S. C. (James E. Thomas, Atlanta, Ga., Willcox, Hardee, Houck & Palmer, Florence, S. C., and Alston, Sibley, Miller, Spann & Shackelford, Atlanta, Ga., on the brief), for appellee Railway Express Agency, Inc.

James L. Highsaw, Jr., Washington, D. C. (John W. Crews, Columbia, S. C., Edward J. Hickey, Jr., and Mulholland, Robie & Hickey, Washington, D. C., on the brief), for appellees Brotherhood of Railway and Steamship Clerks, R. S. Hughes, S. E. Futrell, and R. W. McIntosh.

Before PARKER, Chief Judge, DOBIE, Circuit Judge, and THOMSEN, District Judge.


PER CURIAM.

This is an appeal from a summary judgment for defendant in an action by a former employee of an express company engaged in interstate commerce, against the company and a labor brotherhood, to recover damages on the ground of conspiracy. The conspiracy alleged was nothing more than that the company and the brotherhood had entered into a union shop agreement under which the employee had joined the brotherhood from...

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