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ST. LOUIS, S. F. & T. RY. CO. v. RAILROAD YARDMASTERS OF AMERICA

No. 20570.

328 F.2d 749 (1964)

ST. LOUIS, SAN FRANCISCO AND TEXAS RAILWAY COMPANY, Appellant, v. RAILROAD YARDMASTERS OF AMERICA, AFL-CIO, Appellee.

United States Court of Appeals Fifth Circuit.

March 4, 1964.

Attorney(s) appearing for the Case

Judge Gambill, Fort Worth, Tex., Ernest Grinnell, Jr., Paul R. Moody, St. Louis, Mo., Martin M. Lucente, Chicago, Ill., Robert E. Burns, Dallas, Tex., Harry McCall, Jr., Chaffe, McCall, Phillips, Burke, Toler & Hopkins, New Orleans, La., Allen, Gambill & Gambill, Fort Worth, Tex., Burford, Ryburn & Ford, Dallas, Tex., Sidley, Austin, Burgess & Smith, Chicago, Ill., for appellant.

Charles J. Morris, Dallas, Tex., Mullinax, Wells, Morris & Mauzy, Dallas, Tex., of counsel, for appellee.

Before TUTTLE, Chief Judge, and HUTCHESON and GEWIN, Circuit Judges.

TUTTLE, Chief Judge.

On October 8, 1962, the appellant Railroad notified its four yardmasters at Fort Worth, Texas, that the positions of yardmaster would be abolished at the end of their respective tours of duty beginning on October 10, 1962.1

On October 10, 1962, the appellee filed a complaint seeking to enjoin the carrier from proceeding with its announced intention. The trial court granted an ex parte temporary restraining...

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