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CHICAGO, R. I. & P. R. CO. v. NATIONAL MEDIATION BOARD

No. 18206.

435 F.2d 339 (1970)

CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Appellant, v. NATIONAL MEDIATION BOARD et al., Appellees, and Eugene E. Wells, Appellee.

United States Court of Appeals, Seventh Circuit.

December 15, 1970.

Attorney(s) appearing for the Case

E. D. Curlee, O. L. Houts, Chicago, Ill., for appellant Chicago, Rock Island and Pacific Railroad Co.

Morton Hollander, Chief, Appellate Section, William D. Ruckelshaus, Asst. Atty. Gen., Thomas A. Foran, U. S. Atty., Walter H. Fleischer, Atty., U. S. Dept. of Justice, Washington, D. C., for appellee.

Before FAIRCHILD and CUMMINGS, Circuit Judges, and REYNOLDS, District Judge.

CUMMINGS, Circuit Judge.

This appeal involves the question whether Section 3 Second of the Railway Labor Act (45 U.S.C. § 153 Second) entitles a railroad to the creation of a Special Board of Adjustment where the grievance of an individual employee, being processed without the aid of a union, has been pending before the National Railroad Adjustment Board for more than a year.

In October 1964, Eugene E. Wells was discharged from his job as conductor by...

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