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WALKER v. SOUTHERN RAILWAY COMPANY

Nos. 9967, 9968.

354 F.2d 950 (1965)

Roy WALKER, Appellee, v. SOUTHERN RAILWAY COMPANY, Appellant. Roy WALKER, Appellant, v. SOUTHERN RAILWAY COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 22, 1965.

Attorney(s) appearing for the Case

Jerome Ackerman, Washington, D. C. (W. Graham Claytor, Jr., James I. Hardy, Washington, D. C., and Harold K. Bennett, Asheville, N. C., and Covington & Burling, Washington, D. C., on brief), for Southern Railway Co.

J. Nat Hamrick, Rutherfordton, N. C., for Roy Walker.

Before HAYNSWORTH, Chief Judge, BRYAN, Circuit Judge, and MICHIE, District Judge.

ALBERT V. BRYAN, Circuit Judge:

Roy Walker, a fireman on the Southern Railway Company, may recover damages of $4500 from the railroad, the District Court has held, for terminating his seniority, as a result of which he was not allowed to work. The assessment was based on the finding that the termination was a discharge in violation of the collective bargaining agreement between the railroad and his union. Both Walker and Southern appeal.

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