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HODGES v. ATLANTIC COAST LINE RAILROAD COMPANY

No. 19496.

310 F.2d 438 (1962)

J. H. HODGES and Brotherhood of Railroad Trainmen, Appellants, v. ATLANTIC COAST LINE RAILROAD COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

November 30, 1962.

Attorney(s) appearing for the Case

Sam D. Hewlett, Jr., Atlanta, Ga., Wayland K. Sullivan, Cleveland, Ohio, for appellants.

Bernard J. Mayer, LaGrange, Ga., Walter D. Sanders, Newnan, Ga., for appellee, Gerald L. Burrows, Jacksonville, Fla., Lovejoy & Mayer, LaGrange, Ga., of counsel.

Before TUTTLE, Chief Judge, BROWN, Circuit Judge, and JOHNSON, District Judge.

JOHN R. BROWN, Circuit Judge.

This appeal presents the problem of the enforceability of an award of the Railway Adjustment Board. The District Court never got to the intrinsic correctness of the award. The Court, sustaining a motion to dismiss the complaint which incorporated the award as an annexed exhibit, held that the award was in the alternative and was therefore too vague to be final and enforceable. We disagree in the main and reverse. In analyzing the matter...

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