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BROTHERHOOD, ETC. v. ST. LOUIS SOUTHWESTERN RY.

No. 81-2186.

676 F.2d 132 (1982)

BROTHERHOOD OF RAILWAY, AIRLINE, AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS & STATION EMPLOYEES, Plaintiff-Appellee, v. ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 17, 1982.

Attorney(s) appearing for the Case

Mike A. Hatchell, Tyler, Tex., for defendant-appellant.

Highsaw, Mahoney & Friedman, Clinton J. Miller, III, Washington, D. C., for plaintiff-appellee.

Before DYER, SAM D. JOHNSON and WILLIAMS, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 17, 1982.

JERRE S. WILLIAMS, Circuit Judge:

In 1973, the St. Louis Southwestern Railway (the Railroad) created a new job in the mechanical department of its gravity yard at Pine Bluff, Arkansas. W. E. Eastwood, a member of the carmen's craft, bid upon and received the position. A second carman, J. E. Purtle, eventually succeeded Eastwood in the job.

On May 16, 1973, T. F. Carpenter, a clerk represented by...

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