MILSTEAD v. ATLANTIC COAST LINE RAILROAD COMPANY

6 Div. 633.

142 So.2d 705 (1962)

E. H. MILSTEAD v. ATLANTIC COAST LINE RAILROAD COMPANY et al.

Supreme Court of Alabama.

Rehearing Denied June 28, 1962.


Attorney(s) appearing for the Case

Wm. M. Acker, Jr., Smyer, White, Reid & Acker, Birmingham, for appellant.

Peyton D. Bibb, Birmingham, for appellee Atlantic Coast Line R. Co.

Cabaniss & Johnston, E. T. Brown, Jr., and Drayton T. Scott, Birmingham, and Marshman, Hornbeck, Hollington, Steadman & McLaughlin, Harold N. McLaughlin and Clarence E. Weisell, Cleveland, Ohio, for appellees Grand International Brotherhood of Locomotive Engineers, and C. C. Griggers.

Rives, Peterson, Pettus & Conway and Erle Pettus, Jr., Birmingham, and Heiss, Day & Bennett, Harold C. Heiss and Russell B. Day, Cleveland, Ohio, for appellee Brotherhood of Locomotive Firemen and Enginemen.


SIMPSON, Justice.

This appeal is pursuant to Title 7, § 819, Code 1940, from a judgment of the Circuit Court of Jefferson County overruling the appellant's demurrers to the pleas in abatement filed by appellees, which said ruling caused appellant to suffer a non-suit.

The original complaint sought a declaratory judgment and $20,000 damages for loss of wages alleged as the result of a collusive and discriminatory misconstruction and misapplication by appellees...

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