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WALLS v. SOUTHERN RAILWAY COMPANY

No. 21759.

351 F.2d 948 (1965)

Oria L. WALLS, John Jackson, Asa Zachery and E. D. Atkins, Appellants, v. SOUTHERN RAILWAY COMPANY et al., Appellees.

United States Court of Appeals Fifth Circuit.

October 27, 1965.

Attorney(s) appearing for the Case

Jack M. Smith, Atlanta, Ga., for appellants.

Edward J. Hickey, Jr., James Highsaw, Jr., Washington, D. C., James M. Roberts, Atlanta, Ga., Mulholland, Hickey & Lyman, Washington, D. C., of counsel, for appellee International Assn. of Machinists.

Edgar A. Neely, Jr., John D. Jones, Greene, Neely, Buckley & DeRieux, Atlanta, Ga., for appellee Southern Ry. Co.

Before TUTTLE, Chief Judge, and BELL and COLEMAN, Circuit Judges.

PER CURIAM.

The complaint in this action, brought by employees of the Southern Railway Company was dismissed by the trial court on the ground that any injury or damage suffered by the appellants were such as should have been the subject of grievance procedures under the jurisdiction of the National Railway Adjustment Board. Appellants concede that a factual issue respecting the alleged discharge of the appellants must be resolved in their favor before the trial court...

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