RUMBAUGH v. WINIFREDE RAILROAD COMPANY

No. 9022.

331 F.2d 530 (1964)

Luther Ray RUMBAUGH, Appellant, v. WINIFREDE RAILROAD COMPANY, a corporation, The Carbon Fuel Company, a corporation, Local Union 14182 United Mine Workers of America, District 50 United Mine Workers of America, and United Mine Workers of America, Appellees.

United States Court of Appeals Fourth Circuit.

Decided March 2, 1964.

Rehearing Denied May 1, 1964.


Attorney(s) appearing for the Case

Edwin M. Young, Roanoke, Va. (E. Franklin Pauley, Charleston, W. Va., on brief), for appellant.

F. Paul Chambers, Charleston, W. Va. (James K. Brown and Jackson, Kelly, Holt & O'Farrell, Charleston, W. Va., on brief), for appellees Winifrede R. Co. and Carbon Fuel Co.

M. E. Boiarsky, Charleston, W. Va., for appellees Unions.

Before SOBELOFF, Chief Judge, BOREMAN, Circuit Judge, and NORTHROP, District Judge.


SOBELOFF, Chief Judge.

This is another in the succession of cases since Steele v. Louisville & Nashville R. R., 323 U.S. 192, 65 S.Ct. 226, 89 L.Ed. 173 (1944), involving interpretation of the Railway Labor Act, 45 U.S.C. A. § 151 et seq., and determination of the scope of federal judicial power in its administration.

Rumbaugh has joined his former employer, Winifrede Railroad Company, and the union designated as the...

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