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RAILWAY LABOR EXECUTIVES ASS'N v. ATCHISON, T. & S. F. RY. CO.

No. 23908.

430 F.2d 994 (1970)

RAILWAY LABOR EXECUTIVES ASSOCIATION, an unincorporated association, Frank Carthy, R. W. Kroll, W. A. Stymus, F. E. Holden, R. M. Hester, J. R. Bond, W. Comstock, and P. I. Jensen, on their own behalf and on the behalf of all others similarly situated, Plaintiffs-Appellants, v. The ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 21, 1970.

Attorney(s) appearing for the Case

William G. Mahoney (argued), of Mulholland, Hickey & Lyman, Washington, D. C., George E. Bodle, of Bodle, Fogel, Julber & Reinhardt, Los Angeles, Cal., for appellant.

Robert B. Curtiss (argued), of John J. Balluff, Robert A. Feldman, Los Angeles, Cal., C. George Niebank, Jr., and Richard K. Knowlton, Chicago, Ill., for appellee.

Before ELY and WRIGHT, Circuit Judges, and JAMESON, District Judge.

EUGENE A. WRIGHT, Circuit Judge:

Appellant railway employees seek damages for loss of work resulting from the discontinuance of four interstate trains by their employer. They allege that the discontinuance did not comply with the procedures set out in Section 13a of the Interstate Commerce Act, 72 Stat. 571 (1958), 49 U.S.C. § 13a (1964).1 Without determining its lawfulness, we affirm the...

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