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CHESAPEAKE & O. RY. CO. v. FORD

No. 77-2083.

590 F.2d 557 (1979)

The CHESAPEAKE AND OHIO RAILWAY COMPANY, Appellant, v. Ryland H. FORD, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 10, 1979.

Attorney(s) appearing for the Case

Philip Lee Lotz, Staunton, Va. (Lotz, Black & Menk, Staunton, Va., on brief), for appellant.

Michael McH. Collins, Covington, Va. (Collins, Wilson, Collins & Singleton, Covington, Va., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and RUSSELL and PHILLIPS, Circuit Judges.

PHILLIPS, Circuit Judge:

Ryland H. Ford sued his employer, the Chesapeake & Ohio Railroad, for $11,197.41 and certain other amounts he asserted were wrongfully withheld from him by the Railroad. The Railroad has appealed from a judgment in favor of Ford reported at 432 F.Supp. 1285 (W.D.Va.1977). Because we believe that Ford was required first to attempt to exhaust his arbitral remedy and that he has failed to do so, we reverse...

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