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LOUISVILLE & NASHVILLE RAILROAD COMPANY v. BROWN

No. 16632.

252 F.2d 149 (1958)

LOUISVILLE & NASHVILLE RAILROAD COMPANY, Appellant, v. J. M. BROWN, Jr., et al., Appellees.

United States Court of Appeals Fifth Circuit.

January 24, 1958.

Attorney(s) appearing for the Case

White E. Gibson, Jr., James A. Simpson, Robert McD. Smith, Birmingham, Ala., Lange, Simpson, Robinson & Somerville, Gibson & Gibson, Birmingham, Ala., H. G. Breetz, Louisville, Ky., Reid B. Barnes, Birmingham, Ala., of counsel, for appellant.

R. Macey Taylor, Erle Pettus, Jr., Frank O. Burge, Jr., Birmingham, Ala., for appellees, Jackson, Rives, Pettus & Peterson, Birmingham, Ala., of counsel.

Before BORAH, TUTTLE and CAMERON, Circuit Judges.

TUTTLE, Circuit Judge.

This is an appeal by the Louisville and Nashville Railroad Company from a judgment for the fourteen defendants, its employees, in a suit it had filed for damages resulting from their alleged fomenting of a strike that shut down for three days the plaintiff's railroad operations in Jefferson County, Alabama, (including the Birmingham yards.) Appellant railroad did not seek an injunction against the defendants. No labor organization is a party...

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