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SWACKER v. SOUTHERN RAILWAY COMPANY

Nos. 10070, 10083.

360 F.2d 420 (1966)

Frank L. SWACKER, Jr., et al., and Railway Labor Executives' Association, Appellants, v. SOUTHERN RAILWAY COMPANY, Appellee. Frank L. SWACKER, Jr., et al., and Railway Labor Executives' Association, Appellees, v. SOUTHERN RAILWAY COMPANY, Appellant.

United States Court of Appeals Fourth Circuit.

Decided April 20, 1966.

Attorney(s) appearing for the Case

Carl W. Newman, Appalachia, Va., and William G. Mahoney, Washington, D. C. (R. C. Shannon, Appalachia, Va., and Mulholland, Hickey & Lyman, Washington, D. C., and Shannon & Newman, Appalachia, Va., on brief), for appellants in No. 10,070 and appellees in No. 10,083.

Jerome Ackerman, Washington, D. C. (John P. McKenna, W. Graham Claytor, Jr., James I. Hardy, Washington, D. C., Robert T. Winston, Jr., and Leslie M. Mullins, Norton, Va., and Covington & Burling, Washington, D. C., on brief), for appellee in No. 10,070 and appellant in No. 10,083.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and BRYAN, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge:

The Interstate Commerce Act, 49 U.S.C. § 5(2) (f), assures employees against prejudice resulting from any transaction, among others, in which one carrier acquires control of another as permitted by the Act, 49 U.S.C. § 5(2) (a) (i). After the acquisition by the Southern Railway Company of the whole of the capital stock of the Interstate Railroad Company, 52 of the latter's employees sued Southern in the District Court invoking...

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