BROTHERHOOD OF LOCOMOTIVE F. & E. v. CENTRAL OF GA. RY. CO.

No. 23815.

411 F.2d 320 (1969)

BROTHERHOOD OF LOCOMOTIVE FIREMEN & ENGINEMEN, its lodges, officers and employees thereunder, Appellant, v. CENTRAL OF GEORGIA RAILWAY COMPANY and Southern Railway Company, Appellees.

United States Court of Appeals Fifth Circuit.

May 2, 1969.


Attorney(s) appearing for the Case

Ralph L. Crawford, John R. Calhoun, Savannah, Ga., Harold C. Heiss, Donald W. Bennett, Heiss, Day & Bennett, Cleveland, Ohio, Alex Elson, Aaron S. Wolff, Elson, Lassers & Wolff, Chicago, Ill., for appellant.

John B. Miller, Julian C. Sipple, Savannah, Ga., Wilbur D. Owens, Jr., Charles J. Bloch, Macon, Ga., James H. Wilson, Jr., Clay C. Long, Atlanta, Ga., for appellees; Hitch, Miller, Beckmann & Simpson, Lawton, Sipple & Chamlee, Savannah, Ga., Bloch, Hall, Groover & Hawkins, Macon, Ga., Sutherland, Asbill & Brennan, Atlanta, Ga., of counsel.

Before JOHN R. BROWN, Chief Judge, and AINSWORTH and GODBOLD, Circuit Judges.


JOHN R. BROWN, Chief Judge:

MERITS

This controversy had its genesis in Germany in 1858 when Rudolf Diesel was born. The engine which was later named after this noted automotive engineer revolutionized the conversion of chemical to mechanical energy. His small, efficient engine was quickly adopted by industry and is today found on all the highways and railroads of this country and throughout the world. And therein lies the rub. When the Nation's railroads...

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