FERGUSON v. SEABOARD AIR LINE RAILROAD COMPANY

No. 24331.

400 F.2d 473 (1968)

W. K. FERGUSON and F. M. Nees, Appellants, v. SEABOARD AIR LINE RAILROAD COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

August 29, 1968.


Attorney(s) appearing for the Case

Thomas J. Lewis, Jr., Atlanta, Ga., for appellants, C. Lanny McCullers, Tampa, Fla., of counsel.

Ronald D. McCall, Fowler, White, Collins, Gillen, Humkey & Trenam, Tampa, Fla., for appellee.

Before TUTTLE and WISDOM, Circuit Judges, and HEEBE, District Judge.


PER CURIAM:

Appellants were discharged from appellee's employ for allegedly violating a number of the railroad's operating rules. Appellants filed separate suits in state court seeking damages for wrongful discharge. Both suits were removed to federal court on diversity and are consolidated for purposes of this appeal.

Relying on Republic Steel Corp. v. Maddox, 379 U.S. 650, 85 S.Ct. 614, 13 L.Ed.2d 580 (1965), the district...

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