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CAROTHERS v. WESTERN TRANSP. CO.

No. 76-1662.

563 F.2d 311 (1977)

Virgil CAROTHERS, Member and Representative of a Class of Certain Employees of the Western Transportation Company, Named Defendant, Plaintiff-Appellant, v. WESTERN TRANSPORTATION COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

August 30, 1977.

Attorney(s) appearing for the Case

Dennis A. DePorter, Walter D. Braud, Rock Island, Ill., for plaintiff-appellant.

Charles R. Sprowl, E. Marvin Buehler, Chicago, Ill., Virgil Bozeman, Moline, Ill., for defendant-appellee.

Before CLARK, Associate Justice (Retired), and FAIRCHILD, Chief Judge, and PELL, Circuit Judge.

FAIRCHILD, Chief Judge.

In its petition for rehearing the appellee argues that if the panel was correct in holding that this action is properly authorized by 49 U.S.C. § 16(12), the United States must be joined as a necessary party. The appellee has referred us to 28 U.S.C. §§ 2321, 2322, which it claims requires the joinder of the United States in an action brought by an "injured party" seeking to enforce an order of the Interstate Commerce Commission...

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