John FERRO, Harry Lauda and Jerome J. Gagliano, on behalf of themselves, and all those similarly situated, Plaintiffs-Appellants,
v.
RAILWAY EXPRESS AGENCY, INC., et al., Defendants-Appellees.
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
Argued January 4, 1961.
Decided February 3, 1961.
Attorney(s) appearing for the Case
Harold, Luca, Persky & Mozer, New York City, for plaintiffs-appellants.
James V. Lione, New York City, for Railway Express Agency, Inc.
Francis R. Curry, New York City, Edward J. Hickey, Jr., James L. Highsaw, Jr., Washington, D. C. (Reilly, Curry & Gibbons, New York City, Mulholland, Robie & Hickey, Washington, D. C., of counsel), for Brotherhood of Railway and Steamship Clerks, and others.
Before LUMBARD, Chief Judge, and SWAN and WATERMAN, Circuit Judges.
United States Court of Appeals Second Circuit.
PER CURIAM.
Plaintiffs seek to appeal from an order of Judge Palmieri, D.C.S.D.N.Y.1960, 183 F.Supp. 417, which (1) granted defendants' motion to dismiss so much of the plaintiffs' complaint as purported to allege a federal question under the Railway Labor Act, 45 U.S.C.A. § 157 et seq., grounded upon the allegation that defendants hostilely discriminated against the plaintiffs in connection with work assignments; but (2...
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