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BROTHERHOOD OF LOCOMOTIVE F. & E. v. BUTTE, A. & P. RY. CO.

No. 16882.

286 F.2d 706 (1961)

BROTHERHOOD OF LOCOMOTIVE FIREMEN & ENGINEMEN et al., Appellants, v. BUTTE, ANACONDA & PACIFIC RAILWAY COMPANY et al., Appellee.

United States Court of Appeals Ninth Circuit.

January 10, 1961.

Attorney(s) appearing for the Case

Harold C. Heiss, Russell B. Day, Cleveland, Ohio, E. J. Foley, D. L. Holland, Butte, Mont., for appellants.

W. M. Kirkpatrick, P. L. MacDonald, R. Lewis Brown, Jr., J. B. Woodlief, Butte, Mont., for appellee.

Before BARNES, HAMLEY and JERTBERG, Circuit Judges

BARNES, Circuit Judge.

This action arises out of a prior adjudication wherein Butte, Anaconda & Pacific Railway Company, appellee herein, sought and was denied an injunction against a strike then contemplated by appellants. Butte, Anaconda & Pacific Ry. Co. v. Brotherhood of Locomotive Firemen & Enginemen, D.C.Mont.1958, 168 F.Supp. 911. Jurisdiction, then and presently, exists because the action arises under the laws...

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