BOOS v. RAILWAY EXPRESS AGENCY

No. 15898.

253 F.2d 896 (1958)

B. P. BOOS, Appellant, v. RAILWAY EXPRESS AGENCY, Inc., Appellee.

United States Court of Appeals Eighth Circuit.

April 23, 1958.


Attorney(s) appearing for the Case

Ken C. Graves, Rapid City, S. D. (Roswell Bottum, Rapid City, S. D., on the brief), for appellant.

H. R. Hanley, Rapid City, S. D. (Hanley, Costello & Porter, Rapid City, S. D., on the brief), for appellee.

Before GARDNER, Chief Judge, and VOGEL and VAN OOSTERHOUT, Circuit Judges.


GARDNER, Chief Judge.

This case involves the validity of an award and order of the Third Division of the National Railroad Adjustment Board. Appellant brought this action to enforce an order of the board which in effect required appellee to restore a position theretofore abolished and compensate appellant for salary lost by reason of the abolishment of the position and his consequent unemployment.

While Section 153(p), 45 U.S.C.A. provides that in an action...

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