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TEXAS PACIFIC-MO. PAC. TERM. R. v. BROTHERHOOD OF R. & S. CLERKS

Civ. A. No. 14727.

232 F.Supp. 33 (1964)

TEXAS PACIFIC-MISSOURI PACIFIC TERMINAL RAILROAD OF NEW ORLEANS, Plaintiff, v. BROTHERHOOD OF RAILWAY & STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYEES, T. G. Brown, General Chairman, J. H. Lucas, Assistant General Chairman, R. E. Stanley, Local Chairman, and C. L. Dennis, President, Defendants.

United States District Court E. D. Louisiana, New Orleans Division.

July 30, 1964.

Attorney(s) appearing for the Case

Phelps, Dunbar, Marks, Claverie & Sims, Peter G. Burke, New Orleans, La., for plaintiff.

Dodd, Hirsch, Barker & Meunier, C. Paul Barker, Thomas J. Meunier, New Orleans, La., for defendants.

AINSWORTH, District Judge.

Two questions are presented for decision: first, is the dispute between plaintiff carrier and defendant labor union representing the railway clerks, a major or minor one? If it is a major dispute, the railway clerks may strike plaintiff's property (as they proposed to do when temporarily restrained by us) after resort is had to mediation as required by the Railway Labor Act, 45 U.S.C.A. § 151 et seq. If it is a minor dispute, the parties...

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