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WHITAKER v. BOSTON & MAINE RAILROAD

343 Mass. 684 (1962)

180 N.E.2d 454

HAROLD K. WHITAKER vs. BOSTON AND MAINE RAILROAD.

Supreme Judicial Court of Massachusetts, Suffolk.

February 28, 1962.

Attorney(s) appearing for the Case

Richard L. Hull, for the plaintiff.

Richard J. Mulhern, for the defendant.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, & KIRK, JJ.

WHITTEMORE, J.

The defendant's demurrer to the amended bill of complaint asserting wrongful reduction of rank on an employment roster on April 9, 1949, and seeking replacement and damages, was properly sustained.

The suit was begun February 5, 1958. The amended bill alleges that, in violation of his employment contract and pursuant to a ruling of the National Railroad Adjustment Board,1

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