WHEELER v. BROTHERHOOD OF LOCOMOTIVE FIREMEN & ENG.

Civ. A. No. 70-513.

324 F.Supp. 818 (1971)

K. L. WHEELER, Sr., A. T. Bruce, Robert Berry, H. L. Benoy, Jr., D. S. Bennett, T. W. Mitchell, et al., members of a class, Plaintiffs, v. BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN, an unincorporated association and labor union, national in scope, Brotherhood of Locomotive Engineers, an unincorporated association and labor union, national in scope, the United Transportation Union, an unincorporated association and labor union, national in scope, and the Seaboard Coast Line Railroad Company, a corporation, Defendants.

United States District Court, D. South Carolina, Florence Division.

Decided March 23, 1971.


Attorney(s) appearing for the Case

Richard G. Dusenbury, of Dusenbury & Dusenbury, Florence, S. C., for plaintiffs.

Saunders M. Bridges, of Bridges & Whisenhunt, Florence, S. C., for Brotherhood of Locomotive Firemen and Enginemen and United Transportation Union.

Harold A. Ross, of Ross, Kraushaar & Bennett, Cleveland, Ohio, and John M. Scott, of Wright, Scott, Blackwell & Powers, Florence, S. C., for Brotherhood of Locomotive Engineers.

Hugh L. Willcox, of Willcox, Hardee, Houck, Palmer & O'Farrell, Florence, S. C., for Seaboard Coast Line Railroad Company.


HEMPHILL, District Judge.

Motion for summary judgment by defendant Brotherhood of Locomotive Engineers1 invites decision by this court. Other defendants presented no such motion, but were represented by counsel (without argument) when the motion was heard. A previous motion, by all defendants, to dismiss for want of jurisdiction was previously denied by order of this court. This action finds origination in discontent with defendants' alleged...

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