ANDREWS v. LOUISVILLE & NASHVILLE RAILROAD COMPANY

No. 30307.

441 F.2d 1222 (1971)

Thomas L. ANDREWS, Plaintiff-Appellant, v. LOUISVILLE & NASHVILLE RAILROAD COMPANY et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 1, 1971.


Attorney(s) appearing for the Case

Andrew W. Estes, Alford W. Wall, Atlanta, Ga., for plaintiff-appellant.

Robert G. Young, Webb, Parker, Young & Ferguson, Atlanta, Ga., for defendants-appellees.

Before THORNBERRY and GODBOLD, Circuit Judges, and BOOTLE, District Judge.


BOOTLE, District Judge:

This case is before us on appellant's appeal from the district court's granting of appellees' motion to dismiss based on appellant's having failed to meet the federal jurisdictional requirement that he exhaust his administrative remedies before the National Railroad Adjustment Board, under 45 U.S.C. § 153, First (i). Simultaneously with filing his appeal to this court, appellant filed a motion for reconsideration in the court below. This...

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