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SWITCHMEN'S UNION v. CENTRAL OF GEORGIA RAILWAY CO.

No. 21016.

341 F.2d 213 (1965)

SWITCHMEN'S UNION OF NORTH AMERICA, Appellant, v. CENTRAL OF GEORGIA RAILWAY COMPANY and Southern Railway Company, Appellees. BROTHERHOOD OF LOCOMOTIVE ENGINEERS et al., Appellants, v. CENTRAL OF GEORGIA RAILWAY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

On Petition for Rehearing March 5, 1965.

Attorney(s) appearing for the Case

Ralph L. Crawford, Savannah, Ga., Harold C. Heiss, Cleveland, Ohio, George D. Busbee, Albany, Ga., E. S. Sell, Jr., Macon, Ga., John R. Calhoun, Savannah, Ga., Russell B. Day, Cleveland, Ohio, (Divine & Busbee, Albany, Ga., Sell & Comer, Macon, Ga., Heiss, Day & Bennett, Cleveland, Ohio, of counsel), for appellants.

John B. Miller, Savannah, Ga., Charles J. Bloch, Macon, Ga., Julian C. Sipple, Savannah, Ga., B. D. Murphy, Edgar A. Neely, Jr., Atlanta, Ga., Ellsworth Hall, Jr., Macon, Ga., (W. Graham Claytor, Jr., Covington & Burling, Washington, D. C., of counsel), for appellees.

Before TUTTLE, Chief Judge, BELL, Circuit Judge, and WHITEHURST, District Judge.

TUTTLE, Chief Judge.

This appeal, while consolidated by the district court, really consists of three separate law suits, two of which, BLE and BLF&E v. Central of Georgia Railway Company, differ so materially from the third, Switchmen's Union v. Central of Georgia and Southern Railway Company, that the cases must be considered separately.

The two Brotherhood suits were filed simultaneously in the Middle District of Georgia against the Central of Georgia...

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