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CARROLL v. BROTHERHOOD OF RAILROAD TRAINMEN

No. 7320.

417 F.2d 1025 (1969)

Maurice D. CARROLL, Plaintiff, Appellant, v. BROTHERHOOD OF RAILROAD TRAINMEN et al., Defendants, Appellees.

United States Court of Appeals First Circuit.

October 29, 1969.

Attorney(s) appearing for the Case

Samuel Leiter, Boston, Mass., with whom Gordon & Leiter, Boston, Mass., was on brief, for appellant.

David W. Walsh, Lexington, Mass., with whom Ralph F. Cahill, Milton, Mass., was on brief, for The New York, New Haven and Hartford Railroad Company, appellees.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

This interlocutory appeal presents a difficult problem of joinder under the Railway Labor Act, 45 U.S.C § 151 et seq. Plaintiff seeks relief against both the Brotherhood of Railroad Trainmen and the New Haven Railroad on the grounds that the New Haven's failure to reinstate him after discharge for cause was motivated solely by its knowledge of the Brotherhood's hostile discrimination. The district court has dismissed plaintiff's action...

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