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PRICE v. UNION PACIFIC RAILROAD

No. 15649.

255 F.2d 663 (1958)

L. L. PRICE, Appellant, v. UNION PACIFIC RAILROAD, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied July 7, 1958.

Attorney(s) appearing for the Case

Samuel S. Lionel, Las Vegas, Nev., for appellant.

Cory, Denton & Smith, Calvin M. Cory, Las Vegas, Nev., Bennett, Renwich & Davis, E. E. Bennett, Edward C. Renwick, Malcolm Davis, Los Angeles, Cal., for appellee.

Before HEALY, POPE, and HAMLEY, Circuit Judges.

HAMLEY, Circuit Judge.

L. L. Price brought this action against Union Pacific Railroad Company, to recover damages in the amount of $118,517, alleging that he had been wrongfully dismissed as a trainman.

After the filing of an answer and the obtaining of certain admissions, defendant moved for a summary judgment. The motion was made on the ground that a determination made by the National Railroad Adjustment Board (Board) that the dismissal was valid precluded...

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