GAINEY v. BROTHERHOOD OF RAILWAY & STEAM. CLERKS, ETC.

Civ. A. No. 26133.

177 F.Supp. 421 (1959)

James A. GAINEY and J. L. Young, Individually and on behalf of others similarly affected v. BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYEES and The Pennsylvania Railroad Company.

United States District Court E. D. Pennsylvania.

August 31, 1959.


Attorney(s) appearing for the Case

Laurence J. Richette, Philadelphia, Pa. (Meehan, Neil & Richette, Philadelphia, Pa., on the brief), for plaintiffs.

Walter Biddle Saul, Philadelphia, Pa. (Saul, Ewing, Remick & Saul, Philadelphia, Pa., on the brief), for defendant Brotherhood.

Robert M. Landis, Philadelphia, Pa. (Owen B. Rhoads, Richard N. Clattenburg, Ronald P. Wertheim, and Barnes, Dechert, Price, Myers & Rhoads, Philadelphia, Pa., on the brief), for defendant Pennsylvania Railroad Company.


LORD, District Judge.

The two named plaintiffs are employees of the Pennsylvania Railroad who assert wage claims against the carrier, and claims for damages and refund of dues against the union. The named defendant union will hereafter be called The Brotherhood; the defendant carrier will be spoken of as The Railroad; and references to The Act will signify the Railway Labor Act, 45 U.S.C.A. § 151 et seq.

Each defendant has moved to dismiss...

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