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BROTHERHOOD, ETC. v. ATLANTIC COAST LINE R. CO.

No. 7541.

253 F.2d 753 (1958)

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYEES, Appellant, v. ATLANTIC COAST LINE RAILROAD COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 3, 1958.

Attorney(s) appearing for the Case

James L. Highsaw, Jr., Washington, D. C. (Clarence M. Mulholland, Toledo, Ohio, Edward J. Hickey, Jr., William G. Mahoney, Washington, D. C., Mulholland, Robie & Hickey, Toledo, Ohio, and James L. Crawford, Cincinnati, Ohio, on the brief), for appellant.

M. V. Barnhill, Jr., Wilmington, N. C. (R. M. Nicol, Wilmington, N. C., on the brief), for appellee.

Before PARKER, Chief Judge, and SOBELOFF and HAYNSWORTH, Circuit Judges.

PARKER, Chief Judge.

This is an appeal from a judgment for defendant in an action brought by a Railroad Brotherhood against the Atlantic Coast Line Railroad Company to enforce an order of the National Railroad Adjustment Board that a discharged employee, one B. B. Phillips, Jr., be restored to his former position with the company with seniority unimpaired and with pay for time lost as a result of his discharge. The Board, over the dissent of five of its members, had...

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