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BROTHERHOOD OF RAILROAD TRAIN. v. CENTRAL OF GA. RY. CO.

No. 19429.

305 F.2d 605 (1962)

BROTHERHOOD OF RAILROAD TRAINMEN and B. Grady Byington, Appellants, v. CENTRAL OF GEORGIA RAILWAY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 8, 1962.

Attorney(s) appearing for the Case

E. S. Sell, Jr., Macon, Ga., Wayland K. Sullivan, Cleveland, Ohio, John D. Comer, Macon, Ga., for appellants.

Julian C. Sipple, Savannah, Ga., H. D. Russell, Macon, Ga., John B. Miller, Savannah, Ga., John B. Harris, Jr., Macon, Ga., for appellee.

Before BROWN, WISDOM and BELL, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

This case presents again questions under the Railway Labor Act, 45 U.S.C.A. § 151 et seq. The District Court without ever hearing any proof, but as the briefs reflect after obviously hearing a lot of extrinsic evidentiary details about the background of the case, held that the complaint should be dismissed on three grounds. First, it was a matter exclusively for the Railway Adjustment Board. Second, the complaint did not state a...

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