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CUNNINGHAM v. ERIE RAILROAD COMPANY

Nos. 22, October Term, 1957, 169, October Term, 1958, Docket 24189.

266 F.2d 411 (1959)

In the Matter of Complaint and Suit of Samuel CUNNINGHAM, Plaintiff-Appellant, v. ERIE RAILROAD COMPANY and United Railroad Workers of America, Inc., C. I. O., Local 1463, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Reargued February 3, 1959.

Decided May 4, 1959.

Attorney(s) appearing for the Case

Jerome T. Orans and Louis Lauer, New York City, for plaintiff-appellant.

J. Roger Carroll, New York City (Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, on the brief), for defendant-appellee Erie R. Co.

John F. O'Donnell, New York City (O'Donnell & Schwartz, Asher W. Schwartz and Michael Klein, New York City, on the brief), for defendant-appellee Union.

Before MEDINA, HINCKS and WATERMAN, Circuit Judges.

MEDINA, Circuit Judge.

Appellant Samuel Cunningham was for many years a ferryboat porter employed by appellee Erie Railroad Company and a member of appellee The United Railroad Workers of America, Inc., C. I. O., Local 1463. In the latter part of December, 1954 and in January and February, 1955 certain events occurred and thereafter Cunningham found himself no longer a member of the union and out of employment by the railroad. Acting pro se he brought this...

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