COOK v. MISSOURI PACIFIC RAILROAD COMPANY

No. 17216.

263 F.2d 954 (1959)

J. W. COOK, Appellant, v. MISSOURI PACIFIC RAILROAD COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 3, 1959.


Attorney(s) appearing for the Case

Calvin W. Wesch, Richard C. Milstead, Kermit, Tex., for appellant.

Josh H. Groce, San Antonio, Tex., Eskridge, Groce & Hebdon, San Antonio, Tex., of counsel, for appellee.

Before TUTTLE, JONES and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

Two things distinguish this case from the run-of-the-mill suit for damages for wrongful discharge of an employee by a railroad both of whom are subject to the Railway Labor Act, 45 U.S.C.A. §§ 151-164 (1926), as amended. First, while the Employee's case was pending in Court, not yet tried or determined, the Railway Adjustment Board entered an Award holding the discharge of Cook rightful. Second, at about the same time as the...

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