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BROTHERHOOD OF LOCOMOTIVE FIRE. & ENG. v. UNION P. R. CO.

No. 22998.

423 F.2d 673 (1970)

BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN et al., Defendants-Appellants, v. UNION PACIFIC RAILROAD COMPANY, Plaintiff-Appellee, and Brotherhood of Locomotive Engineers, Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

March 23, 1970.

Attorney(s) appearing for the Case

Donald W. McEwen (argued), of Cake, Jaureguy, Hardy, Buttler & McEwen, Portland, Or., for appellant.

Randall B. Kester (argued), Walter Cosgrave, of Maguire, Kester & Cosgrave, Green, Richardson, Griswold & Murphy, Portland, Or., for appellee.

Harold Ross (argued), of Ross & Kraushaar, Cleveland, Ohio, for intervenor-appellee.

Before MERRILL and KOELSCH, Circuit Judges, and WILKINS, District Judge.

PER CURIAM:

Union Pacific Railroad brought this suit to enjoin the Brotherhood of Locomotive Firemen & Enginemen (BLF&E) from striking. BLF&E has taken this appeal from preliminary injunction issued by the District Court. The issue is whether the underlying controversy between the union and the railroad is a major or a minor dispute; if the dispute is a major one, the Norris LaGuardia Act, 29 U.S.C. §§ 101-107, protects the strike from a federal...

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