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BATTLE v. BROTHERHOOD OF RAILWAY & STEAMSHIP CLERKS, ETC.

No. 17212.

320 F.2d 742 (1963)

Ivan BATTLE, Appellant, v. BROTHERHOOD OF RAILWAY & STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS & STATION EMPLOYEES, J.R. White Lodge 1568, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 13, 1963.

Petition for Rehearing Denied August 1, 1963.

Attorney(s) appearing for the Case

Mr. Winfred R. Mundle, Washington, D.C., with whom Mr. John A. Shorter, Jr., Washington, D.C., was on the brief, for appellant.

Mr. Milton Kramer, Washington, D.C., for appellee, Brotherhood of Railway & Steamship Clerks, Freight Handlers, Express & Station Employees, and certain other appellees.

Messrs. William A. Glasgow and Thomas A. Flannery, Washington, D.C., were on the brief for appellee, Washington Terminal Co. Mr. Roman J. Gerber, Washington, D.C., also entered an appearance for appellee, Washington Terminal Co.

Before WILBUR K. MILLER, BURGER and WRIGHT, Circuit Judges.

Petition for Rehearing En Banc Denied En Banc August 1, 1963.

WILBUR K. MILLER, Circuit Judge.

Ivan Battle was employed by the Washington Terminal Company as a janitor in its maintenance of equipment department when, in 1952, the Brotherhood of Railway and Steamship Clerks became the bargaining agent for all employees in Battle's classification and entered into a union shop agreement with Washington Terminal. By its terms, all employees covered thereby were...

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