RAILWAY EMPLOYES' DEPT. v. HANSON

No. 451.

351 U.S. 225 (1956)

RAILWAY EMPLOYES' DEPARTMENT, AMERICAN FEDERATION OF LABOR, ET AL. v. HANSON ET AL.

Supreme Court of United States.

Decided May 21, 1956.


Attorney(s) appearing for the Case

Lester P. Schoene argued the cause for appellants. With him on the brief was Milton Kramer.

Edson Smith argued the cause and filed a brief for Hanson et al., appellees.

By special leave of Court, Robert A. Nelson, Assistant Attorney General, argued the cause for the State of Nebraska, as amicus curiae. With him on the brief was Clarence S. Beck, Attorney General, for the State of Nebraska, Richard W. Ervin, Attorney General, for the State of Florida, and Joe T. Patterson, Attorney General, for the State of Mississippi. William B. Rodman, Jr., Attorney General, also joined in the brief for the State of North Carolina.

Briefs of amici curiae urging affirmance were filed for the States of South Dakota, by Phil Saunders, Attorney General; Texas, by John Ben Shepperd, Attorney General, joined by Eugene Cook, Attorney General, and E. Freeman Leverett and Robert H. Hall, Assistant Attorneys General, for the State of Georgia; Utah, by E. R. Callister, Attorney General, and Raymond W. Gee, Assistant Attorney General; South Carolina, by T. C. Callison, Attorney General; Virginia, by J. Lindsay Almond, Jr., Attorney General; and also by Allen A. Lauterbach for the American Farm Bureau Federation; E. Smythe Gambrell, W. Glen Harlan and Whiteford S. Blakeney for Bradford et al.; William B. Barton and Milton A. Smith for the Chamber of Commerce of the United States; Harry J. Harman for Hooser et al.; Lambert H. Miller for the National Association of Manufacturers of the United States; John C. Gall, John F. Lane, William F. Howe and Jerome Powell for the National Right To Work Committee; E. A. Simpson for Sandsberry et al.; J. C. Gibson, R. S. Outlaw, Wm. J. Milroy, C. G. Niebank, Jr., Donald R. Richberg, A. J. Folley and Preston Shirley for the Gulf, Colorado & Santa Fe Railway Co. et al.; and Tyre Taylor for the Southern States Industrial Council.

Briefs of amici curiae urging reversal were filed by J. Albert Woll and Thomas E. Harris for the American Federation of Labor and Congress of Industrial Organizations, and Clarence M. Mulholland and Edward J. Hickey, Jr. for the Railway Labor Executives' Association.


MR. JUSTICE DOUGLAS delivered the opinion of the Court.

This is a suit brought in the Nebraska courts by employees of the Union Pacific Railroad Co. against that company and labor organizations representing various groups of employees of the railroad to enjoin the application and enforcement of a union shop agreement entered into between the railroad company and the labor organizations. Plaintiffs are not members of any of the defendant labor organizations and desire...

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