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HALEY v. CHILDERS

No. 17149.

314 F.2d 610 (1963)

John M. HALEY and Lodge 732, Brothererhood of Railroad Trainmen, Appellants, v. R. J. CHILDERS, Individually, and as General Chairman of the Switchmen's Union of North America, a Voluntary Association, the Switchmen's Union of North America, a Voluntary Association, and the Kansas City Terminal Railway Company, a Corporation, Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied April 3, 1963.

Attorney(s) appearing for the Case

Lucian Lane, Kansas City, Mo., made argument for the appellant and filed brief with John Murphy, Tucker, Wilson, Lane & Kelly, Kansas City, Mo.

Lee Leibik, Chicago, Ill., made argument for R. J. Childers and Switchmen's Union of North America, appellees and filed brief with Ruth Weyand, Chicago, Ill.

Sam D. Parker, Kansas City, Mo., made argument for appellee Kansas City Terminal Ry. Co. and filed brief with W. M. Stapleton, Lathrop, Righter, Gordon & Parker, Kansas City, Mo.

Before JOHNSEN, Chief Judge, and VAN OOSTERHOUT and MATTHES, Circuit Judges.

MATTHES, Circuit Judge.

Plaintiffs' amended complaint was dismissed by the court because of lack of jurisdiction of the subject matter, and from this judgment plaintiffs have appealed.

Defendants filed answers to the amended complaint in which the jurisdiction of the court was specifically challenged. Defendant R. J. Childers, individually and as General Chairman of Switchmen's Union of North America (Switchmen), and defendant Switchmen also filed a motion...

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