PER CURIAM:
This is an appeal from an order of dismissal which, because of the use of affidavits and other materials, we treat as one for summary judgment for the Railroad and the Brotherhood. On this record we think the Judge was entitled to conclude that there was no genuine issue of fact regarding the failure of the employee to exhaust his remedies under the Railway Labor Act including the ultimate submission of this minor grievance to the Railway Labor Board of...
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