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SATTERFIELD v. PENNSYLVANIA RAILROAD COMPANY

No. 18, Docket 28143.

323 F.2d 783 (1963)

Frank SATTERFIELD, Plaintiff-Appellant, v. The PENNSYLVANIA RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided October 18, 1963.

Attorney(s) appearing for the Case

William McKelvey, New York City, for plaintiff-appellant.

R. L. Duff, Conboy, Hewitt, O'Brien & Boardman, New York City, for defendant-appellee.

Before LUMBARD, Chief Judge, and FRIENDLY and SMITH, Circuit Judges.

PER CURIAM.

This appeal from dismissal of an action of a former railroad baggage-man for wrongful discharge, brought in the District Court for the Southern District of New York on the basis of diverse citizenship, again raises the issue of the preclusive effect of failure to exhaust remedies provided in a collective bargaining agreement between a union and an employer subject to the Railway Labor Act, 45 U.S.C. § 151 et seq. The present agreement, between The...

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