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HOOSER v. BALTIMORE & OHIO RAILROAD CO.

Nos. IP 58-C-29, 58-C-49.

177 F.Supp. 186 (1959)

Lafayette A. HOOSER and Ben Chace, Plaintiffs v. BALTIMORE & OHIO RAILROAD CO., a corporation, Defendant and Brotherhood of Locomotive Firemen and Enginemen, Intervening Defendant. Fred H. SHIELS, R. D. Vernon, and Keith U. Clark, Plaintiffs v. L. Roy SMITH, individually and as representative of members of the Brotherhood of Locomotive Firemen and Enginemen, and its Local 762 and BALTIMORE & OHIO RAILROAD CO., Defendants.

United States District Court S. D. Indiana, Indianapolis Division.

September 24, 1959.

Attorney(s) appearing for the Case

George Rose, Indianapolis, Ind., for plaintiffs.

Martz, Beattey & Wallace, Indianapolis, Ind., for defendants.

Harold C. Heiss and Russell B. Day, Cleveland, Ohio, and Grabill & Baker, Indianapolis, Ind., for intervening defendant.

STECKLER, Chief Judge.

The complaint in Cause No. IP 58-C-29 was filed February 10, 1958, and that in cause No. IP 58-C-49 was filed March 21, 1958. Since both complaints assert rights dependent upon the same agreements and present common questions of law, the court under Rule 42(a), Federal Rules of Civil Procedure, 28 U.S.C., consolidates the two cases for the purpose of judgment.

The plaintiffs claim rights under the Railway Labor Act (45 U.S.C.A. §...

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