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WESTERN PACIFIC RAILROAD COMPANY v. HABERMEYER

Nos. 20785, 21377.

382 F.2d 1003 (1967)

WESTERN PACIFIC RAILROAD COMPANY and The Southern Pacific Company, suing on their own behalf and on behalf of all other railroads similarly situated, Appellants, v. Howard W. HABERMEYER, Thomas M. Healy and A. E. Lyon, individually and as members of the Railroad Retirement Board, et al., Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied October 25, 1967.

Attorney(s) appearing for the Case

McCutchen, Doyle, Brown, Trautman & Enersen, San Francisco, Cal., for appellants.

Barefoot Sanders, Asst. Atty. Gen., Carl Eardley, Asst. Atty. Gen., Civil Division, Dept. of Justice, Washington, D. C., Myles F. Gibbons, Gen. Counsel, Railroad Retirement Bd., Chicago, Ill., Schoene & Kramer, A. C. Railway Labor Executives Ass'n, Washington, D. C., Cecil F. Poole, U. S. Atty., San Francisco, Cal., for appellees.

Before POPE, HAMLEY and DUNIWAY, Circuit Judges.

DUNIWAY, Circuit Judge:

Appellants are two of the railroads that are "employers" as defined in the Railroad Unemployment Insurance Act, 45 U.S.C. §§ 351-367, as amended, particularly § 351(a). They purport to sue, under Rule 23(a), F.R.Civ.P., on behalf of themselves and over 775 other railroads similarly situated.1 Appellees are the members of the Railroad Retirement Board, which administers the Act, the Director of its...

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