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FERRO v. RAILWAY EXPRESS AGENCY, INC.

No. 31, Docket 26940.

296 F.2d 847 (1961)

John FERRO, Harry Lauda and Jerome J. Gagliano, on behalf of themselves, and all those similarly situated, Plaintiffs-Appellants, v. RAILWAY EXPRESS AGENCY, INC., Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes, Daniel J. Sullivan and Robert Devlin, et al., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided December 12, 1961.

Attorney(s) appearing for the Case

John R. Harold, Harold, Luca, Persky & Moser, New York City, for plaintiffs-appellants.

James V. Lione, New York City, for defendant-appellee Railway Express.

James L. Highsaw, Jr., Washington, D. C. (Francis Curry, Paul G. Reilly, New York City, Edward J. Hickey, Jr., Washington, D. C., Reilly, Curry & Gibbons, New York City, Mulholland, Robie & Hickey, Washington, D. C., of counsel), for defendants-appellees Brotherhood of Ry. & S. S. Clerks and others.

Before CLARK, WATERMAN and MOORE, Circuit Judges.

LEONARD P. MOORE, Circuit Judge.

Appellants, members of the Brotherhood of Railway and Steamship Clerks, Freight Handlers, and Station Employees (the Brotherhood), appeal from a decision of the district court dismissing their complaint against the Brotherhood, certain officers and agents of the Brotherhood, and their employer, Railway Express Agency (Railway Express).

Appellants are members of Local Lodge No. 2053 of the Brotherhood and on April 27, 1958,...

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