EMPLOYEES PROTECTIVE ASS'N v. NORFOLK & W. RY. CO.

No. 74-1577.

511 F.2d 1040 (1975)

EMPLOYEES PROTECTIVE ASSOCIATION et al., Appellants, v. NORFOLK AND WESTERN RAILWAY COMPANY et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 24, 1975.


Attorney(s) appearing for the Case

William G. Anderson, Roanoke, Va., and George V. Gardner, Washington, D. C. (Gardner & Armbrister, Washington, D. C., on brief), for appellants.

Harold A. Ross, Cleveland, Ohio (Ross & Kraushaar Co., Cleveland, Ohio, and G. Marshall Mundy, Roanoke, Va., on brief), for appellee Brotherhood of Locomotive Engineers.

Martin M. Lucente, Chicago, Ill. (William B. Poff, Bayard E. Harris, Woods, Rogers, Muse, Walker & Thornton, Roanoke, Va., and Sidley & Austin, Chicago, Ill., on brief), for appellee Norfolk and Western Railway Co.

Before BOREMAN, Senior Circuit Judge, WIDENER, Circuit Judge, and THOMSEN, Senior District Judge.


THOMSEN, Senior District Judge:

Appellants (plaintiffs), seventy-two locomotive engineers employed by the Norfolk and Western Railway Company (N&W) and an ad hoc unincorporated association, brought suit in the district court against N&W, the Brotherhood of Locomotive Engineers (BLE)1 and Special Board of Adjustment No. 813. Plaintiffs challenged an award of Board No. 813 on the ground that it had acted outside the scope of its...

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