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ORDER OF RAILROAD TELEGRAPHERS v. UNION PACIFIC RAILROAD CO.

Civ. A. No. 8107.

231 F.Supp. 33 (1964)

The ORDER OF RAILROAD TELEGRAPHERS, St. Louis, Missouri, Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, Omaha, Nebraska, Defendant.

United States District Court D. Colorado.

As Amended July 27, 1964.

Attorney(s) appearing for the Case

Philip Hornbein, Jr., Denver, Colo., and Lester P. Schoene, Washington, D. C., for plaintiff.

Knowles & Knowles, E. G. Knowles, Clayton D. Knowles, and James F. Culver, Denver, Colo., H. Lustgarten, Jr., and James A. Wilcox, Omaha, Neb., for defendant.

CHILSON, District Judge.

This is an action to enforce an award of the National Railroad Adjustment Board.

The matter is before the Court upon a motion to dismiss, based on three grounds:

1. That the plaintiff is not a proper party to bring this action;

2. That the portion of the action seeking an accounting fails to state a claim upon which relief can be granted;

3. That the Brotherhood of Railway and Steamship Clerks, Freight Handlers...

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