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BROTHERHOOD OF RAILROAD TRAINMEN v. LOUISVILLE & N. R. CO.

No. 20715.

334 F.2d 79 (1964)

BROTHERHOOD OF RAILROAD TRAINMEN and A. W. Davis, Appellants, v. LOUISVILLE AND NASHVILLE RAILROAD COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

July 9, 1964.

Attorney(s) appearing for the Case

Al G. Rives, Clarence M. Small, Jr., Birmingham, Ala., C. D. Hawley, Cleveland, Ohio, for appellants, Rives, Peterson, Pettus & Conway, Birmingham, Ala., of counsel.

James A. Simpson, Henry E. Simpson, Lange, Simpson, Robinson & Somerville, Birmingham, Ala., H. G. Breetz, M. D. Jones, Louisville, Ky., for appellee.

Drayton T. Scott, William F. Gardner, Cabaniss, Johnston, Gardner & Clark, Birmingham, Ala., Amicus Curiae.

Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and McRAE, District Judge.

TUTTLE, Chief Judge.

This case arises from a petition to enforce an award of the National Railroad Adjustment Board requiring the Louisville and Nashville Railroad to reinstate and pay back pay to petitioner-appellant A. W. Davis, a member of the Brotherhood of Railroad Trainmen. The Railroad discharged Davis for his part in a rear-end collision of two L & N freight trains within the yard limits of Peterman, Alabama, on...

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