James A. GAINEY and J. L. Young, Individually and on Behalf of Others Similarly Affected, Appellants
v.
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYEES and
The Pennsylvania Railroad Company.
United States Court of Appeals Third Circuit.https://leagle.com/images/logo.png
Argued January 21, 1960.
Decided February 24, 1960.
Rehearing Denied March 23, 1960.
Attorney(s) appearing for the Case
Lawrence J. Richette, Philadelphia, Pa., for appellants.
Robert M. Landis, Philadelphia, Pa. (Owen B. Rhoads, Philadelphia, Pa., Richard N. Clattenburg, Philadelphia, Pa., Barnes, Dechert, Price, Myers & Rhoads, Philadelphia, Pa., on the brief), for Pennsylvania R. Co.
Walter Biddle Saul, Philadelphia, Pa. (Gerald K. Burns, Philadelphia, Pa., Leonard D. Slutz, Robert S. Marx, Cincinnati, Ohio, Ivar H. Peterson, Cincinnati, Ohio, on the brief), for Brotherhood of Railroad and Steamship Clerks etc.
Before GOODRICH, McLAUGHLIN and KALODNER, Circuit Judges.
United States Court of Appeals Third Circuit.
GOODRICH, Circuit Judge.
This is an appeal from the granting of motions to dismiss the complaint, D. C.E.D.Pa.1959, 177 F.Supp. 421. The plaintiffs, purporting to represent themselves and a minimum of six hundred other employees similarly situated, sued Pennsylvania Railroad Company (Railroad) and the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees (Brotherhood) declaring that the action...
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