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BROTHERHOOD OF LOCOMOTIVE FIRE. & E. v. LOUISVILLE & N. R. CO.

Nos. 17588, 18479.

400 F.2d 572 (1968)

BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN, Plaintiff-Appellant, v. LOUISVILLE AND NASHVILLE RAILROAD COMPANY, Defendant-Appellee, and Brotherhood of Locomotive Engineers, Intervening Defendant-Appellee. B. A. TURNER et al., and Brotherhood of Locomotive Firemen and Enginemen, Plaintiffs-Appellants, v. LOUISVILLE AND NASHVILLE RAILROAD COMPANY and Brotherhood of Locomotive Engineers, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

Certiorari Denied January 20, 1969.

Attorney(s) appearing for the Case

Alex Elson, Chicago, Ill., for appellants; Harold C. Heiss, Russell Day, Heiss, Day & Bennett, Cleveland, Ohio, Robert E. Hogan, Louisville, Ky., Herbert L. Segal, Segal, Isenberg, Sales & Stewart, Louisville, Ky., Willard J. Lassers, Aaron S. Wolff, Elson, Lassers & Wolff, Chicago, Ill., on brief.

John P. Sandidge, Louisville, Ky., and Harold A. Ross, Cleveland, Ohio, for appellees; John P. Sandidge, Woodward, Hobson & Fulton, H. G. Breetz, M. D. Jones, Eugene W. Herde, Louisville, Ky., Richard T. Conway, Shea & Gardner, Washington, D. C., on brief for L & N RR; Harold A. Ross, Ross & Kraushaar, Cleveland, Ohio, Charles I. Dawson, Richard W. Iler, Bullitt, Dawson & Tarrant, Louisville, Ky., on brief for Brotherhood of Locomotive Engineers.

Before McCREE and COMBS, Circuit Judges, and McALLISTER, Senior Circuit Judge.

Certiorari Denied January 20, 1969. See 89 S.Ct. 689.

COMBS, Circuit Judge.

These appeals are taken from the District Court's action dismissing the complaint of plaintiff-appellant, Brotherhood of Locomotive Firemen and Enginemen (hereinafter referred to as Firemen's union) in two different suits stemming from alleged violation of the Railway Labor Act. The first suit was brought against the Louisville and Nashville Railroad Company (hereinafter referred to...

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