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CUNNINGHAM v. ERIE RAILROAD COMPANY

No. 219, Docket 30078.

358 F.2d 640 (1966)

Samuel CUNNINGHAM, Plaintiff-Appellee, v. ERIE RAILROAD COMPANY and The United Railroad Workers of America, Inc., C.I.O., Local 1463, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided March 29, 1966.

Attorney(s) appearing for the Case

Jerome T. Orans, New York City, for plaintiff-appellee.

J. Roger Carroll, New York City (Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, on the brief), for defendant-appellant Erie R. Co.

Michael Klein, New York City (John F. O'Donnell and O'Donnell & Schwartz, New York City, on the brief), for defendant-appellant Local 1463, Railroad Division, Transport Workers Union of America, AFL-CIO.

Before LUMBARD, Chief Judge, and MEDINA and KAUFMAN, Circuit Judges.

MEDINA, Circuit Judge:

When this case was last before this Court, we reversed a dismissal for lack of subject matter jurisdiction and remanded for a new trial. Cunningham v. Erie R.R., 2 Cir., 1959, 266 F.2d 411. At that time we construed the complaint as alleging "hostile discrimination" and thus a breach of the duty of fair representation, see Steele v. Louisville & Nashville R.R., 1944, 323 U.S. 192...

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