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BROTHERHOOD OF RAILROAD TRAINMEN v. DENVER & R. G. W. R. CO.

Nos. 7651, 7652.

338 F.2d 407 (1964)

BROTHERHOOD OF RAILROAD TRAINMEN, G. W. Black and R. E. Gardner, Appellants and Cross-Appellees, v. The DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, Appellee and Cross-Appellant.

United States Court of Appeals Tenth Circuit.

November 19, 1964.

Attorney(s) appearing for the Case

James L. Highsaw, Jr., Washington, D. C. (Philip Hornbein, Jr., and Hornbein & Hornbein, Denver, Colo., and Mulholland, Hickey & Lyman, Washington, D. C., of counsel, on the brief), for appellants and cross-appellees.

Walter J. Cummings, Jr., Chicago, Ill. (T. A. White and Kenneth D. Barrows, Jr., Denver, Colo., and Ray Garrett, and Sidley, Austin, Burgess & Smith, Chicago, Ill., of counsel, on the brief), for appellee and cross-appellant.

Before MURRAH, Chief Judge, and PHILLIPS and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

This is an action brought under Section 3 First (p) of the Railway Labor Act, 45 U.S.C. § 153 First (p), to enforce an order of the National Railroad Adjustment Board, First Division. The Board order determined that the appellee railroad had violated its collective bargaining agreement with the appellant Brotherhood and granted an award to the individual appellants, as employees of the railroad and members of the craft represented by the...

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