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BROTHERHOOD OF RAILROAD TRAINMEN v. SMITH

No. 13069.

251 F.2d 282 (1958)

BROTHERHOOD OF RAILROAD TRAINMEN, Appellant, v. Charles V. SMITH, and Order of Railway Conductors and Brakemen General Committee of Adjustment for the Baltimore and Ohio Railroad and The Baltimore and Ohio Railroad Company, a Maryland corporation, Appellees.

United States Court of Appeals Sixth Circuit.

January 2, 1958.

Attorney(s) appearing for the Case

J. A. Culbertson, Cincinnati, Ohio, for appellant.

Charles A. Hastings, Cedar Rapids, Iowa (Joseph A. Segal and David W. Goldman of Paxton & Seasongood, Cincinnati, Ohio, V. C. Shuttleworth, of Elliott, Shuttleworth & Ingersoll, Cedar Rapids, Iowa, on the brief), for appellees.

Before SIMONS, Chief Judge, and ALLEN and MILLER, Circuit Judges.

ALLEN, Circuit Judge.

This appeal arises out of an action praying for an injunction against defendant The Baltimore and Ohio Railroad, hereinafter called the Railroad, on behalf of plaintiff Smith and others similarly situated. The case arises out of the following facts which, for the most part, are stipulated:

Smith had been employed as a trainman on the Railroad since 1929, and was a member of the Brotherhood of Railroad Trainmen, a voluntary labor association...

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