Legal Opinion
J. H. Hodges and Brotherhood of Railroad Trainmen v. Atlantic Coast Line Railroad Company
Court of Appeals for the Fifth Circuit
Decided November 30, 1962No. 19496_1PublishedCited by 18 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
This appeal presents the problem of the enforceability of an award of the Railway Adjustment Board. The District Court never got to the intrinsic correctness of the award. The Court, sustaining a motion to dismiss the complaint which incorporated the award as an annexed exhibit, held that the award was in the alternative and was therefore too vague to be final and enforceable. We disagree in the main and reverse. In analyzing the matter against the successful motion to dismiss, we have had nothing but the complaint and the annexed award. We emphasize this at the…
2Cases cited20 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Sears, Roebuck & Co. v. MacKeySupreme Court of the United States · 1956
- Slocum v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1950
- Swift & Co. Packers v. Compania Colombiana Del Caribe, S. A.Supreme Court of the United States · 1950
- Moore v. Illinois Central RailroadSupreme Court of the United States · 1941
15 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Air Line Pilots Association, International, Etc. v. Eastern Air Lines, Inc., a CorporationCourt of Appeals for the Fifth Circuit · 1980
- J. H. Hodges and Brotherhood of Railroad Trainmen v. Atlantic Coast Line Railroad CompanyCourt of Appeals for the Fifth Circuit · 1966
- United States v. Claude K. WestCourt of Appeals for the First Circuit · 1983
- Goldstein v. Andresen & Co.Court of Appeals for the Fifth Circuit · 1972
- Ezra A. Jones v. Central of Georgia Railway CompanyCourt of Appeals for the Fifth Circuit · 1964
13 more not listed; retrieve them via the Exa API.