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HORNBACK v. BROTHERHOOD OF RAILROAD SIGNALMEN

Nos. 16396-16398.

346 F.2d 161 (1965)

C. F. HORNBACK and Louis P. Tschiffely, Plaintiffs-Appellants, v. BROTHERHOOD OF RAILROAD SIGNALMEN et al., Defendants-Appellees. LOUISVILLE & NASHVILLE RAILROAD CO., Defendant-Appellant, v. BROTHERHOOD OF RAILROAD SIGNALMEN et al., Defendants-Appellees. BROTHERHOOD OF RAILROAD SIGNALMEN, Defendant-Appellant, v. C. F. HORNBACK and Louis P. Tschiffely, Plaintiffs-Appellees, and Louisville & Nashville Railroad Co., et al., Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

May 27, 1965.

Attorney(s) appearing for the Case

Marshall P. Eldred, Louisville, Ky., Brown & Eldred, Louisville, Ky., of counsel, for C. F. Hornback et al.

John P. Sandidge, Louisville, Ky., Woodward, Hobson & Fulton, H. G. Breetz, M. D. Jones, Louisville, Ky., on brief, for Louisville & Nashville R. Co.

Milton Kramer, Martin W. Fingerhut, Schoene & Kramer, Washington, D. C., Robert E. Hogan, Louisville, Ky., for Brotherhood of Railroad Signalmen et al.

Before WEICK, Chief Judge, and CECIL and PHILLIPS, Circuit Judges.

PHILLIPS, Circuit Judge.

Although other issues have been presented both on briefs and oral argument, the only question now before this court for determination is whether the district court abused its discretion in denying the motions for a preliminary injunction.

First we summarize the background of the litigation, as set forth in the pleadings. On January 10, 1951, the Railway Labor Act was amended so as to permit...

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