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THOMPSON v. BROTHERHOOD OF SLEEPING CAR PORTERS

No. 8729.

316 F.2d 191 (1963)

Fred THOMPSON, Appellant, v. BROTHERHOOD OF SLEEPING CAR PORTERS, an Unincorporated Railroad Labor Organization, National in Scope, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 22, 1963.

Attorney(s) appearing for the Case

Richard G. Dusenbury, Florence, S. C. (Dusenbury, Dusenbury & McKenzie, Florence, S. C., on brief), for appellant.

Joseph L. Nettles, Columbia, S. C. (F. Ehrlich Thomson, Columbia, S. C. and Delson, Levin & Gordon, New York City, on brief), for appellee.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and J. SPENCER BELL, Circuit Judges.

SOBELOFF, Chief Judge.

Does invidious discrimination, not based on race, furnish ground for a complaint in a federal court against a labor union by a person it is statutorily empowered to represent? The question arises on this appeal of plaintiff Thompson from an order of the District Court granting a motion to dismiss and directing a verdict for the defendant, Brotherhoood of Sleeping Car Porters.

Initiated on October 18, 1958,1

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