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PAYNE v. PULLMAN CO.

Gen. No. 46,982.

13 Ill. App.2d 105 (1957)

141 N.E.2d 83

Robert L. Payne, Plaintiff-Appellant, v. Pullman Company, Defendant-Appellee.

Appellate Court of Illinois — First District, Second Division.

Released for publication April 2, 1957.

Attorney(s) appearing for the Case

Milton P. Webster, Jr., of Chicago, for appellant.

Erwin W. Roemer, and Donald S. Dugan, of Chicago, for appellee; Herbert S. Anderson, Marshall R. Wendt, James A. Velde, and Laurence A. Carton, all of Chicago, of counsel.

JUDGE SCHWARTZ delivered the opinion of the court.

The question presented on this appeal involves the right of a sleeping car porter formerly employed by defendant (a carrier subject to the Railway Labor Act) to sue for damages for alleged wrongful termination of his contract although he has not exhausted all the remedies provided in the collective bargaining agreement of his union and in the Railway Labor Act. The trial court held against plaintiff and dismissed...

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