1. Home
  2. Browse Decisions
  3. F.2d
  4. 319 F.2d
  5. 319 F.2d 366 (1963)
 

KENNEDY v. LONG ISLAND RAIL ROAD COMPANY

No. 322, Docket 27989.

319 F.2d 366 (1963)

W. P. KENNEDY, as President of the Brotherhood of Railroad Trainmen, etc., et al., Plaintiffs-Appellants, v. The LONG ISLAND RAIL ROAD COMPANY, etc., et al., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided June 14, 1963.

Attorney(s) appearing for the Case

Arnold B. Elkind (of Zelenko & Elkind), New York City, for plaintiffs-appellants.

Otto M. Buerger and James T. Gallagher, Jamaica, N. Y., for defendant-appellee Long Island R. Co.

James B. Donovan and Gerald E. Bodell (of Watters & Donovan), New York City (Howard J. Trienens, Kenneth F. Burgess, Douglas F. Smith, Stuart S. Ball and Gary L. Cowan (of Sidley, Austin, Burgess & Smith), Chicago, Ill., of counsel), for defendant-appellee Railroads and Association of American Railroads.

Paul G. Reilly, New York City, Clarence M. Mulholland, Toledo, Ohio, Edward J. Hickey, Jr., James L. Highsaw, Jr., Washington, D. C., Reilly & Curry, New York City, Mulholland, Robie & Hickey, Washington, D. C., of counsel, for Railway Labor Executives' Ass'n.

Before LUMBARD, Chief Judge, and KAUFMAN and MARSHALL, Circuit Judges.

KAUFMAN, Circuit Judge.

The question presented to us on this appeal is the legality under the Railway Labor Act, 45 U.S.C. §§ 151 et seq., the Interstate Commerce Act, 49 U.S.C. § 5 (1), and the Sherman Act, 15 U.S.C. § 1, of the Service Interruption Policy or so-called strike insurance plan adopted by the railroad industry.

Chief Judge Ryan, in the court below, tried the issue of liability and reserved for jury consideration, should it...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases