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SELLS v. INTERNATIONAL BROTHER. OF FIREMEN & OILERS

Civ. A. No. 60-216.

190 F.Supp. 857 (1961)

Waddell B. SELLS, Plaintiff, v. INTERNATIONAL BROTHERHOOD OF FIREMEN AND OILERS, and F. R. McKernan, General Chairman, International Brotherhood of Firemen and Oilers, and Henry Froelich, Chairman and Steward Local 353, International Brotherhood of Firemen and Oilers, and Walter Froelich, Secretary Treasurer, Local 353, International Brotherhood of Firemen and Oilers, and William J. Mahoney, Steward, Local 353, International Brotherhood of Firemen and Oilers, and The Pittsburgh & Lake Erie Railroad Company, a corporation, Defendants.

United States District Court W. D. Pennsylvania.

January 9, 1961.

Attorney(s) appearing for the Case

Stanley Bastacky and Reed & Bastacky, Pittsburgh, Pa., for plaintiff.

Loyal H. Gregg, Pittsburgh, Pa., and James L. Highsaw, Washington, D. C., for International Brotherhood of Firemen & Oilers et al., defendants.

James R. Orr, Pittsburgh, Pa., Mulholland, Robie & Hickey, Toledo, Ohio, and Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for Pittsburgh & Lake Erie R. Co.

WILLSON, District Judge.

This civil action is presently before me on similar motions filed by all defendants to dismiss the complaint or in the alternative for summary judgment.

Plaintiff, Wadell B. Sells, is a Negro. He seeks money damages from all defendants. He asserts that he has been discriminated against solely because of his race and color. He says all defendants, individually and collectively, have violated rights accruing to him under the Railway...

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