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BUTTE, ANACONDA & P. RY. CO. v. BROTHERHOOD OF L. F. & E.

No. 16372.

268 F.2d 54 (1959)

BUTTE, ANACONDA & PACIFIC RAILWAY COMPANY, a corporation, Appellant, v. BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN, a voluntary labor association; Frank W. Glass, individually and as Vice President of the Brotherhood of Locomotive Firemen and Enginemen; J. H. McCarvel, individually and as General Chairman of the Brotherhood of Locomotive Firemen and Enginemen; Brotherhood of Railroad Trainmen, a voluntary labor association; H. E. Nevala, individually and as Deputy President of the Brotherhood of Railroad Trainmen; and R. R. McLean, individually and as General Chairman of the Brotherhood of Railroad Trainmen, Appellees.

United States Court of Appeals Ninth Circuit.

May 18, 1959.

Attorney(s) appearing for the Case

R. Lewis Brown, Jr., J. B. Woodlief, P. L. MacDonald, W. M. Kirkpatrick, Butte, Mont., for appellant.

David L. Holland, E. J. Foley, Butte, Mont., Harold C. Heiss, Cleveland, Ohio, for appellees.

Nathan Witt, New York City, amicus curiæ for International Union of Mine, Mill & Smelter Workers, and Locals Nos. 1, 16, and 17 of said International.

Before BARNES, HAMLEY, and JERTBERG, Circuit Judges.

HAMLEY, Circuit Judge.

This action was brought by Butte, Anaconda & Pacific Railway Company to enjoin defendant Brotherhoods from calling a strike. The district court after hearing entered a judgment dismissing the action. The court's findings of fact, conclusions of law, and supporting opinion are reported in 168 F.Supp. 911. Plaintiff appeals.1

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