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CHICAGO, ROCK ISLAND & PACIFIC R. CO. v. SWITCHMEN'S UNION

No. 387, Docket 26739.

292 F.2d 61 (1961)

CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY et al., Plaintiffs-Appellees, v. SWITCHMEN'S UNION OF NORTH AMERICA et al., Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided June 9, 1961.

Attorney(s) appearing for the Case

Lee Leibik, Chicago, Ill. (Ruth Weyand, Washington, D. C. on the brief), for defendants-appellants.

Richard J. Flynn, Chicago, Ill. (Sidley, Austin, Burgess & Smith and Howard Neitzert, Chicago, Ill., and John E. Leach, Buffalo, N. Y., on the brief), for plaintiffs-appellees.

Francis R. Curry, Reilly, Curry & Gibbons, New York, N. Y., Clarence M. Mulholland, Mulholland, Robie & Hickey, Edward J. Hickey, Jr. and James L. Highsaw, Jr., Washington, D. C., for Railway Labor Executives Ass'n. as amicus curiae.

Before FRIENDLY and SMITH, Circuit Judges, and WATKINS, District Judge.

FRIENDLY, Circuit Judge.

This appeal raises important questions as to the interrelations of the Railway Labor Act, 45 U.S.C.A. § 151 ff., and the Norris-LaGuardia Act, 29 U.S.C.A. § 101 ff.

The appeal, brought under 28 U.S.C. § 1292(a) (1), is by the Switchmen's Union, whose principal office is in Buffalo, and certain of its officers, from an order of the District Court for the Western District of New York granting a motion of appellee railways...

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