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BROTHERHOOD OF RAILROAD TRAINMEN v. DENVER & R. G. W. R. CO.

No. 8196.

367 F.2d 137 (1966)

BROTHERHOOD OF RAILROAD TRAINMEN and B. E. Carroll, Appellants, v. DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied October 24, 1966.

Certiorari Granted January 9, 1967.

Attorney(s) appearing for the Case

James L. Highsaw, Jr., Washington, D. C. (Philip Hornbein, Jr., Hornbein & Hornbein, Denver, Colo., and Mulholland, Hickey & Lyman, Toledo, Ohio, on the brief), for appellants.

Martin Lucente, Chicago, Ill. (Ernest Porter, Kenneth D. Barrows, Jr., Denver, Colo., Walter J. Cummings, Jr., Richard H. Compere, and Sidley, Austin, Burgess & Smith, Chicago, Ill., on the brief), for appellee.

Before MURRAH, Chief Judge, and PICKETT and LEWIS, Circuit Judges.

Certiorari Granted January 9, 1967. See 87 S.Ct. 719.

PICKETT, Circuit Judge.

Seeking damages alleged to have resulted from an unlawful strike, the Denver & Rio Grande Western Railroad Company, a Delaware corporation with its principal place of business in Denver, Colorado, brought this tort action against the Brotherhood of Railroad Trainmen1 the chairman of the Brotherhood of Rail

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