Norman Breeland v. Southern Pacific Company and E. D. Moody

JAMES ALGER FEE, Circuit Judge.

This is an action for damages on account of claimed breach of contract whereby plaintiff was employed as a brakeman by the Southern Pacific Company. Employment was pursuant to a collective bargaining agreement between defendant and the Brotherhood of Railroad Trainmen. Breeland alleged that he was discharged from his employment wrongfully and without just cause and in violation of this agreement. Damages were claimed for loss of wages and seniority, pension and hospital benefits.

Before answering, Southern Pacific filed a motion for summary judgment, which was…