Adams v. New York, C. & St. LR Co.

EVANS, Circuit Judge.

The District Court sustained a motion to dismiss appellants’ complaint seeking a declaratory judgment defining their seniority rights as railroad employees, on the ground that exclusive jurisdiction to hear said complaint resided either in the National Railroad Adjustment Board or the National Mediation Board, under the Railway Labor Act, 45 U.S.C.A. § 151 et seq. From the order of dismissal, plaintiffs appeal.

The complaint alleged: The seven plaintiffs are employees of the Lake Erie & W. Railroad with seniority rights on its San-dusky Division, under a contract between…