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WADE v. SOUTHERN PACIFIC COMPANY

Civ. A. No. 65-H-212.

248 F.Supp. 493 (1965)

Ralph A. WADE, Walter B. Kyle, Willie F. Garmon, Individually for themselves and for others similarly situated, Plaintiffs, v. SOUTHERN PACIFIC COMPANY, Switchmen's Union of North America, and H. P. Watson, Defendants.

United States District Court S. D. Texas, Houston Division.

December 22, 1965.

Attorney(s) appearing for the Case

Schmidt & Garrett, George L. Schmidt, Houston, Tex., for plaintiffs.

Baker, Jordan, Shaw & Foreman, Jim Foreman, Dallas, Tex., Combs & Mitchell, W. Arthur Combs, Houston, for defendants Switchmen's Union of North America and H. P. Watson.

Baker, Botts, Shepherd & Coates, V. R. Burch, Jr., Houston, Tex., for defendant Southern Pac. Co.

NOEL, District Judge.

After consideration of the motions to dismiss filed by the defendants Southern Pacific Company, Switchmen's Union of North America, and H. P. Watson, this Court in its Memorandum and Order of July 8, 1965, 243 F.Supp. 307, invited defendants to submit evidence in support of said motions that:

"(1) contract grievance procedures existed which the plaintiffs did not request the union to pursue on their...

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