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CEDILLO v. STANDARD OIL COMPANY OF TEXAS

No. 17239.

261 F.2d 443 (1958)

Manuel CEDILLO, Alberto Sanchez, et al., Appellants, v. STANDARD OIL COMPANY OF TEXAS, Appellee.

United States Court of Appeals Fifth Circuit.

December 11, 1958.

Attorney(s) appearing for the Case

Ernest Guinn, El Paso, Tex., for appellant.

J. F. Hulse, El Paso, Tex., Scott, Hulse, Marshall & Feuille, El Paso, Tex., of counsel, for appellee.

Before HUTCHESON, Chief Judge, and CAMERON and BROWN, Circuit Judges.

PER CURIAM.

On April 8, 1957, plaintiffs filed their original complaint for an injunction requiring reinstatement and back pay. On April 30, 1957, defendant moved to dismiss the complaint on the ground that the alleged cause of action was within the exclusive jurisdiction of the National Labor Relations Board and that plaintiffs had invoked its jurisdiction. On March 10, 1958, plaintiffs filed their first amended original petition, thereby superseding their original...

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