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

No. 13896.

313 F.2d 318 (1963)

James A. GAINEY and J. L. Young, Individually and on Behalf of Others Similarly Affected, Appellants, v. The BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYEES and the Pennsylvania Railroad Company.

United States Court of Appeals Third Circuit.

Decided January 14, 1963.

Attorney(s) appearing for the Case

Lawrence J. Richette, Philadelphia, Pa., for appellant.

Allen S. Olmsted, Philadelphia, Pa. (Walter Biddle Saul, Saul, Ewing, Remick & Saul, Philadelphia, Pa., Leonard D. Slutz, Ivar H. Peterson, Cincinnati, Ohio, on the brief), for appellee Union.

Robert M. Landis, Philadelphia, Pa. (Dechert, Price & Rhoads, Philadelphia, Pa., Richard N. Clattenburg, Philadelphia, Pa., on the brief), for appellee Railroad.

Before McLAUGHLIN and HASTIE, Circuit Judges, and DUMBAULD, District Judge.

McLAUGHLIN, Circuit Judge.

This is an appeal from the granting of motions to dismiss the complaint in favor of the defendants Pennsylvania Railroad Company (Railroad) and Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees (Brotherhood). Plaintiffs bring this action on behalf of themselves and some six hundred other railroad employees against the Railroad and the Brotherhood, their statutory representative, charging both with...

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