COOK v. THOMPSON

Civ. A. No. 2076.

150 F.Supp. 650 (1957)

J. W. COOK v. Guy A. THOMPSON, Trustee, San Antonio, Uvalde & Gulf Railroad Company.

United States District Court W. D. Texas, San Antonio Division.

April 12, 1957.


Attorney(s) appearing for the Case

Calvin W. Wesch, of Roberson & Wesch, Kermit, Tex., for plaintiff.

Josh H. Groce, Eskridge, Groce & Hebdon, San Antonio, Tex., for defendant.


RICE, Chief Judge.

This is a Railway Labor dispute in which a construction of Section 153, First (i) of the Railway Labor Act, Title 45 U.S.C.A. is involved.

In January of 1953, the plaintiff Cook was discharged by the defendant carrier for having failed to protect his assignment for three months without a leave of absence. No action was taken by Cook until December of 1954, at which time Cook filed this suit in the state court and in due time it was removed...

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