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HANEY v. CHESAPEAKE & OHIO RAILROAD COMPANY

No. 73-1328.

498 F.2d 987 (1974)

Hazel O. HANEY, Appellant, v. CHESAPEAKE & OHIO RAILROAD COMPANY and Baltimore & Ohio Railroad Company.

United States Court of Appeals, District of Columbia Circuit.

Decided April 10, 1974.

Attorney(s) appearing for the Case

John H. Wilbur, Jacksonville, Fla., of the bar of the Supreme Court of Florida, pro hac vice, by special leave of Court with whom Frederick C. McAlpin, III, Washington, D. C., was on the brief for appellant. Marion Edwyn Harrison, Washington, D. C., also entered an appearance for appellant.

Albert W. Laisy, Baltimore, Md., for the bar of the Court of Appeals of Maryland, pro hac vice, by special leave of Court, with whom Laidler B. Mackall, Washington, D. C., was on the brief, for appellees.

Before LEVENTHAL, MacKINNON and WILKEY, Circuit Judges.

LEVENTHAL, Circuit Judge:

Appellant sued the Chesapeake & Ohio Railroad and the Baltimore & Ohio R.R. ("Railroads"), her former employers, to recover separation pay alleged to be due under a collective bargaining agreement. The District Court, relying upon Andrews v. Louisville & Nashville R.R., 406 U.S. 320, 92 S.Ct. 1562, 32 L.Ed.2d 95 (1972), dismissed her complaint for lack of jurisdiction, in view of plaintiff's failure...

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