Legal Opinion
Garrett Burke v. Compania Mexicana De Aviacion, S.A., D/B/A Mexicana Airlines
Court of Appeals for the Ninth Circuit
Decided November 13, 1970No. 23669PublishedCited by 45 opinions
1Opinion of the Court
DUNIWAY, Circuit Judge:
Burke appeals from an order of the District Court dismissing his action for failure to state a claim upon which relief can be granted. The sole issue presented is whether an employee alleging wrongful discharge in violation of section 2 (Fourth) of the National Railway Labor Act, 45 U.S.C. § 152 (Fourth), and who is not represented by a union, may bring suit in his own name against his employer seeking reinstate ment and damages. We hold that he may, and reverse.
The material allegations of Burke’s First Amended Complaint must be taken as true for the purpose of this…
2Cases cited6 opinions
- J. I. Case Co. v. BorakSupreme Court of the United States · 1964
- Texas & Pacific Railway Co. v. RigsbySupreme Court of the United States · 1916
- Texas & NOR Co. v. Brotherhood of Ry. & Steamship ClerksSupreme Court of the United States · 1930
- Railway Employes' Department v. HansonSupreme Court of the United States · 1956
- Wyandotte Transportation Co. v. United StatesSupreme Court of the United States · 1967
1 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Simion Stepanischen v. Merchants Despatch Transportation CorporationCourt of Appeals for the First Circuit · 1983
- International Association of MacHinists & Aerospace Workers v. Northwest Airlines, Inc.Court of Appeals for the Third Circuit · 1982
- Arcamuzi v. Continental Air Lines, Inc.Court of Appeals for the Ninth Circuit · 1987
- Charles Adams v. Federal Express CorporationCourt of Appeals for the Sixth Circuit · 1976
- Robert F. Roscello v. Southwest Airlines Company and International Association of MacHinists & Aerospace Workers, Afl-Cio, Airline District 146Court of Appeals for the Fifth Circuit · 1984
40 more not listed; retrieve them via the Exa API.