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BALTIMORE & OHIO R. CO. v. UNITED RAILROAD WKRS., ETC.

No. 354, Docket 25757.

271 F.2d 87 (1959)

BALTIMORE & OHIO RAILROAD COMPANY et al., Plaintiffs-Appellants, v. UNITED RAILROAD WORKERS DIVISION OF TRANSPORT WORKERS UNION OF AMERICA et al., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided October 2, 1959.

Rehearing Denied November 12, 1959.

Attorney(s) appearing for the Case

Conboy, Hewitt, O'Brien & Boardman, New York City, for appellants. Joseph P. Allen, F. Sherwood Alexander and Manuel Schultz, New York City, of counsel.

Delson, Levin & Gordon, New York City, for appellees Railroad Marine Union and others.

Donovan, Leisure, Newton & Irvine, New York City, for appellees Bernard Kearns and others.

O'Donnell & Schwartz, New York City, for appellees United Railroad Workers Division of Transport Workers Union of America and others.

Ernest Fleischman, Carl E. Newton and John F. O'Donnell, New York City, of counsel, for appellees.

Before CLARK, Chief Judge, and SWAN and MOORE, Circuit Judges.

SWAN, Circuit Judge.

These are cross-appeals from an order entered June 20, 1959 pursuant to an oral opinion of Judge Bryan. Both parties agree that the dispute between them is one within the scope of the Railway Labor Act, 45 U.S.C.A. § 151 et seq. and the court below so ruled. The case was heard upon affidavits and concessions in colloquy with the court. The facts as stated in Judge Bryan's opinion are substantially as follows:

The appellants are ten...

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