Legal Opinion
Samuel Cunningham v. Erie Railroad Company and the United Railroad Workers of America, Inc., C.I.O., Local 1463
Court of Appeals for the Second Circuit
Decided March 29, 1966No. 219, Docket 30078PublishedCited by 11 opinions
1Opinion of the Court
MEDINA, Circuit Judge:
When this case was last before this Court, we reversed a dismissal for lack of subject matter jurisdiction and remanded for a new trial. Cunningham v. Erie R.R., 2 Cir., 1959, 266 F.2d 411. At that time we construed the complaint as alleging “hostile discrimination” and thus a breach of the duty of fair representation, see Steele v. Louisville & Nashville R.R., 1944, 323 U.S. 192, 65 S.Ct. 226, 89 L.Ed. 173, by Local 1463 in causing Cunningham to be discharged from his job; and violation of Section 2, Eleventh of the amended Railway Labor Act, 45 U.S.C. § 152, Eleventh,…
2Cases cited10 opinions
- Steele v. Louisville & Nashville RailroadSupreme Court of the United States · 1944
- In the Matter of Complaint and Suit of Samuel Cunningham v. Erie Railroad Company and United Railroad Workers of America, Inc., C. I. O., Local 1463Court of Appeals for the Second Circuit · 1959
- Fred Thompson v. Brotherhood of Sleeping Car Porters, an Unincorporated Railroad Labor Organization, National in ScopeCourt of Appeals for the Fourth Circuit · 1963
- Ferro v. Railway Express Agency, Inc.Court of Appeals for the Second Circuit · 1961
- M. W. Zack Metal Co. v. S.S. Birmingham CityCourt of Appeals for the Second Circuit · 1962
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Brady v. Trans World Airlines, Inc.Court of Appeals for the Third Circuit · 1968
- Al Mumford v. James M. GloverCourt of Appeals for the Fifth Circuit · 1974
- Thompson v. New York Central Railroad CompanyCourt of Appeals for the Second Circuit · 1966
- Archie Peltzman v. Central Gulf Lines, Inc.Court of Appeals for the Second Circuit · 1974
- Maurice D. Carroll v. Brotherhood of Railroad TrainmenCourt of Appeals for the First Circuit · 1969
6 more not listed; retrieve them via the Exa API.