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BROTHERHOOD OF LOCOMOTIVE F. & E. v. DETROIT & TOLEDO S. L. RD. CO.

No. 19556.

23 Ohio Misc. 169 (1970)

BROTHERHOOD OF LOCOMOTIVE FIREMEN & ENGINEMEN, APPELLEE, v. DETROIT & TOLEDO SHORE LINE RD. CO., APPELLANT.

United States Court of Appeals, Sixth Circuit.

Decided January 22, 1970.

Attorney(s) appearing for the Case

Mr. Richard M. Colasurd and Messrs. Mulholland, Hickey & Lyman, for appellee.

Mr. John M. Curphey, Messrs. Robison, Curphey & O'Connell and Mr. Robert L. Livesay, for appellant.

Before EDWARDS, CELEBREZZE and COMBS, Circuit Judges.

Per Curiam.

In 1943 the parties to this proceeding signed an agreement known as the Eastern Diesel Agreement of 1943, under which Shore Line undertook to employ firemen on practically all diesel engine runs. The agreement had no termination date. Neither party has ever explicitly served notice of the revocation of this agreement, and up to the point of the instant litigation, firemen had in fact been employed...

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