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HAYES v. WESTERN WEIGHING AND INSPECTION BUREAU

No. 87-1428 Summary Calendar.

838 F.2d 1434 (1988)

Clarence R. HAYES, Plaintiff-Appellant, v. WESTERN WEIGHING AND INSPECTION BUREAU, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 11, 1988.

Attorney(s) appearing for the Case

Clarence R. Hayes, pro se.

Chris R. Miltenberger, Worsham, Forsythe Sampels & Woodridge, Dallas, Tex., for defendant-appellee.

Before POLITZ, JOHNSON and HIGGINBOTHAM, Circuit Judges.

POLITZ, Circuit Judge:

Invoking Fed.R.Civ.P. 12(b)(6) and 45 U.S.C. § 153, First (q), the district court dismissed the complaint of Clarence R. Hayes for judicial review of a decision by a division of the National Railway Adjustment Board (NRAB). Such a dismissal is appropriate only if "it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Conley v. Gibson, 355 U...

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