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BURKE v. COMPANIA MEXICANA DE AVIACION, S.A.

No. 23669.

433 F.2d 1031 (1970)

Garrett BURKE, Plaintiff-Appellant, v. COMPANIA MEXICANA DE AVIACION, S.A., d/b/a Mexicana Airlines, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

November 13, 1970.

Attorney(s) appearing for the Case

Stewart Weinberg (argued), Victor G. Van Bourg, of Levy & Van Bourg, San Francisco, Cal., for plaintiff-appellant.

Leigh Athearn (argued), of Athearn, Chandler & Hoffman, San Francisco, Cal., for defendant-appellee.

Before DUNIWAY and KILKENNY, Circuit Judges, and PLUMMER, District Judge.

DUNIWAY, Circuit Judge:

Burke appeals from an order of the District Court dismissing his action for failure to state a claim upon which relief can be granted. The sole issue presented is whether an employee alleging wrongful discharge in violation of section 2 (Fourth) of the National Railway Labor Act, 45 U.S.C. § 152 (Fourth), and who is not represented by a union, may bring suit in his own name against his employer seeking reinstatement

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