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ELLERD v. SOUTHERN PACIFIC RAILROAD CO.

No. 11899.

241 F.2d 541 (1957)

Silas W. ELLERD, Plaintiff-Appellant, v. SOUTHERN PACIFIC RAILROAD CO., First Division of the National Railroad Adjustment Board, The Brotherhood of Locomotive Firemen and Enginemen, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

March 1, 1957.

Attorney(s) appearing for the Case

James J. Doherty, Melvin B. Lewis, Arthur O'Donnell, Chicago, Ill., for plaintiff-appellant.

Alvin V. Nygren, Chicago, Ill., Burton Mason, W. A. Gregory, San Francisco, Cal., Erickson, Nygren & Holloway, Chicago, Ill., for defendant-appellee, Southern Pacific Co.

Burke Williamson, Jack A. Williamson, Chicago, Ill., for defendant-appellee Brotherhood of Locomotive Firemen and Enginemen, Harold C. Heiss, Russell B. Day, Cleveland, Ohio, of counsel.

Before FINNEGAN, LINDLEY and SCHNACKENBERG, Circuit Judges.

LINDLEY, Circuit Judge.

Plaintiff appeals from a summary judgment for defendants entered in his suit in the district court to review and set aside an award of the First Division of the National Railroad Adjustment Board and to restore him to his employment and seniority rights with defendant carrier. He averred in his complaint that, while employed as a fireman by defendant Southern Pacific Railroad Company in 1949, he was injured and brought suit against his employer...

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