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FOY v. NORFOLK AND WESTERN RAILWAY COMPANY

No. 11051.

377 F.2d 243 (1967)

O. V. FOY, Appellant, v. NORFOLK AND WESTERN RAILWAY COMPANY, a corporation, Brotherhood of Railroad Trainmen, an unincorporated association, Brotherhood of Railroad Trainmen, Local Lodge 550, John Jennings, Secretary, Local Lodge 550, Brotherhood of Railroad Trainmen, and John Cartos, President and Local Chairman, Local Lodge 550, Brotherhood of Railroad Trainmen, Appellees.

United States Court of Appeals Fourth Circuit.

Decided April 21, 1967.

Attorney(s) appearing for the Case

Howard I. Legum, Norfolk, Va. (Fine, Fine, Legum, Schwan & Fine, Norfolk, Va., on brief) for appellant.

Robert R. MacMillan, Norfolk, Va. (Breeden, Howard & MacMillan, Norfolk, Va., on brief) for appellees Brotherhood.

Jos. L. Kelly, Jr., Norfolk, Va. (Williams, Cocke, Worrell & Kelly, Norfolk, Va., on brief) for appellee Norfolk and Western Railway Co.

Before J. SPENCER BELL and WINTER, Circuit Judges, and HARVEY, District Judge.

J. SPENCER BELL, Circuit Judge.

This action was brought by plaintiff, a resident of Virginia, under the Railway Labor Act (45 U.S.C. § 151 et seq.), against his employer, the Norfolk and Western Railway Company, a Virginia corporation, and against his union, the Brotherhood of Railroad Trainmen, and two of its local officials. Plaintiff alleged in his complaint that the defendants had discriminated against him because he is a Negro, thus preventing him from being...

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