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BROTHERHOOD OF LOC. FIRE. & ENG. v. CHICAGO & ILLINOIS M. RY. CO.

No. 16046.

386 F.2d 229 (1967)

BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN, an unincorporated association, Plaintiff-Appellant, v. CHICAGO & ILLINOIS MIDLAND RAILWAY COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

October 18, 1967.

Attorney(s) appearing for the Case

Jack A. Williamson, Chicago, Ill., Harold C. Heiss, Russell B. Day, Cleveland, Ohio, for Brotherhood of Locomotive Firemen and Enginemen, plaintiff-appellant.

Burke Williamson, Chicago, Ill., for appellant.

Martin M. Lucente, William P. Richmond, Chicago, Ill., for Chicago & Illinois Midland Railway Co., a corporation, defendant-appellee. Sidley & Austin, Chicago, Ill., of counsel.

Before SCHNACKENBERG, KILEY and FAIRCHILD, Circuit Judges.

KILEY, Circuit Judge.

Plaintiff, Brotherhood of Locomotive Firemen and Enginemen, sued by virtue of 28 U.S.C. Sec. 1337, seeking a declaration that defendant, Chicago & Illinois Midland Railway Company (C & I M), was bound by a decision of a Special Adjustment Board and for an injunction requiring the C & I M to resume the operation of a switching engine, the discontinuance of which precipitated the present controversy. The district court sustained a motion...

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