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BROTHERHOOD OF RAILROAD TRAIN. v. DENVER & R. G. W. R. CO.

No. 6614.

290 F.2d 266 (1961)

BROTHERHOOD OF RAILROAD TRAINMEN, an unincorporated association, individually and as representative of the brakemen employed by the plaintiff; Local Lodge No. 32 and B. E. Roark, individually and as Local Chairman of said Lodge; Local Lodge No. 401, and H. G. Thayne, individually and as Local Chairman; Local Lodge No. 446 and W. C. Chandler, individually and as Local Chairman; Local Lodge No. 349 and Carl F. Ahrens and N. E. Doolittle each individually and as Local Chairman of said Local Lodge; Local Lodge No. 31 and M. C. Feather, individually and as Local Chairman; R. E. Carroll, individually and as General Chairman of the Brotherhood of Railroad Trainmen and as representative of the Brotherhood of Railroad Trainmen and of the above named Local Lodges and of the membership thereof employed by the plaintiff, Appellants, v. THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

April 13, 1961.

Attorney(s) appearing for the Case

James L. Highsaw, Jr., Washington, D. C. (Philip Hornbein, Jr., Denver, Colo., Wayland K. Sullivan, Cleveland, Ohio, Hornbein & Hornbein, Denver, Colo., Mulholland, Robie & Hickey, Washington, D. C., on the brief), for appellants.

Howard J. Trienens, Chicago, Ill. (Ray Garrett and William M. McGovern, Jr., Chicago, Ill., and T. A. White and Kenneth D. Barrows, Jr., Denver, Colo., and Sidley, Austin, Burgess & Smith, Chicago, Ill., on the brief), for appellee.

Before MURRAH, Chief Judge, PICKETT, Circuit Judge, and KERR, District Judge.

PICKETT, Circuit Judge.

This is an appeal from a decree of the United States District Court for the District of Colorado, permanently enjoining the defendants1 from conducting a strike against the plaintiff's railroad to enforce payment of money awards made by the National Railroad Adjustment Board in favor of some of the railroad's employees who are members of the Brotherhood. The principal question for determination is whether the remedies...

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