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BROTHERHOOD OF RAILROAD CARMEN v. CHICAGO & N. W. RY. CO.

No. 17962.

354 F.2d 786 (1965)

BROTHERHOOD OF RAILROAD CARMEN OF AMERICA, LOCAL NO. 429, a voluntary association, individually and as representatives of certain employees of plaintiff represented by said organization, John Brokena, individually and as President of said organization, Paul Jones, individually and as Local Chairman of said organization, Charles P. Harris, individually and as Vice-Chairman of said organization, and J. R. Baughman, G. E. Greathouse and Robert F. Malone, as individuals and as members of a class who fairly and adequately represent certain carmen aiding, abetting, participating in or assisting in a certain work stoppage hereinafter referred to, Appellants, v. CHICAGO AND NORTH WESTERN RAILWAY COMPANY, a corporation, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied March 1, 1966.

Attorney(s) appearing for the Case

Gilbert Feldman, of Kleiman, Cornfield & Feldman, Chicago, Ill., Bernard Kleiman, Gilbert A. Cornfield and Linzey D. Jones, Chicago, Ill., and Robert E. Conley, Des Moines, Iowa, for appellants.

Frank W. Davis, Jr., Davis, Huebner, Johnson & Burt, Des Moines, Iowa, R. W. Russell, Chicago, Ill., for appellee.

Before VOGEL, Chief Judge, and VAN OOSTERHOUT and MEHAFFY, Circuit Judges.

VOGEL, Chief Judge.

This case arises out of a dispute involving defendant-appellant, a union, and certain members thereof, and plaintiff-appellee, a railway carrier. The dispute gave rise to a strike which the appellee successfully sought to enjoin in the District Court. Appellants appeal from the trial court's findings of fact, conclusions of law and order making the injunction permanent.

The appellee (hereafter carrier) is a railway carrier engaged in interstate...

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