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ORDER OF RAILWAY CONDUCTORS, ETC. v. CLINCHFIELD R. CO.

No. 18519.

407 F.2d 985 (1969)

ORDER OF RAILWAY CONDUCTORS AND BRAKEMEN AND BROTHERHOOD OF RAILROAD TRAINMEN, Plaintiffs-Appellees, v. CLINCHFIELD RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

March 4, 1969.

Attorney(s) appearing for the Case

Ferdinand Powell, Jr., Johnson City, Tenn., for appellant; A. K. McIntyre, Gen. Sol., Legal Department, Clinchfield Railroad Company, Erwin, Tenn., on brief.

John S. McLellan, Kingsport, Tenn., for appellees; D. Bruce Shine, Kingsport, Tenn., on brief.

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

COMBS, Circuit Judge.

The Order of Railway Conductors and Brakemen and the Brotherhood of Railroad Trainmen filed this action to impeach an award under Section 9 of the Railway Labor Act, 45 U.S.C. § 159. Defendant-appellant, Clinchfield Railroad Company, moved to dismiss the action as beyond the court's jurisdiction. The district court denied the railroad's motion and entered summary judgment, granting the relief sought by the unions. This appeal followed.<...

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