SEABOARD AIR LINE RAILROAD COMPANY v. CASTLE

No. 57 C 1448.

170 F.Supp. 327 (1958)

SEABOARD AIR LINE RAILROAD COMPANY v. W. H. CASTLE, R. M. Butler, C. P. Dugan, J. E. Kemp, J. R. Mullen, C. R. Barnes, A. Covington, G. Ordndorff, J. H. Sylvester, and J. W. Whitehouse, as members of and constituting the Third Division of the National Railroad Adjustment Board; A. Ivan Tummon, Executive Secretary of said Division of said Board; Livingston Smith, Referee with said Division of said Board; H. N. Sylvester and G. B. Goble representing the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees; the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees; J. P. Tahney, J. Nuter and W. T. Landergan, representing the American Railway Supervisors Association; The American Railway Supervisors Association; T. E. Losey and Walter A. Giblin, representing the Brotherhood of Railway Carmen of America; the Brotherhood of Railway Carmen of America; Michael Fox, representing Railway Employees Department, AFL-CIO; and Railway Employees Department, AFL-CIO.

United States District Court N. D. Illinois, E. D.

January 28, 1958.


Attorney(s) appearing for the Case

Sidley, Austin, Burgess & Smith, Chicago, Ill., for plaintiff.

C. A. Conway, Chicago, Ill., for carrier members individually and as carrier members of Board.

R. Tieken, U. S. Atty., Chicago, Ill., for 3rd Division, NRAB.

Martin, Craig, Chester & Sonnenschein, Chicago, Ill., for labor members individually and as Board members and for Brotherhoods and their representatives.


LA BUY, District Judge.

Plaintiff, Seaboard Air Line Railroad Company, a Virginia corporation, owning and operating lines through the states of Virginia, North Carolina, South Carolina, Georgia, Florida, and Alabama, has filed an action to restrain the enforcement of a Third Division NRAB award 7816, and to declare such award null and void for failure to give notice and opportunity to be heard to certain employees involved in the dispute as required by 45 U.S.C.A...

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