Legal Opinion
Brotherhood of Railroad Trainmen and B. Crady Byington v. Central of Georgia Railway Company
Court of Appeals for the Fifth Circuit
Decided August 8, 1962No. 19429PublishedCited by 50 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
This case presents again questions under the Railway Labor Act, 45 U.S.C.A. § 151 et seq. The District Court without ever hearing any proof, but as the briefs reflect after obviously hearing a lot of extrinsic evidentiary details about the background of the case, held that the complaint should be dismissed on three grounds. First, it was a matter exclusively for the Railway Adjustment Board. Second, the complaint did not state a claim, F.R.Civ.P. 12(b), 28 U.S.C.A. And third, it was not justiciable. We conclude that the Court was partly right and partly wrong. We…
2Cases cited26 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- Virginian Railway Co. v. System Federation No. 40Supreme Court of the United States · 1937
- Texas & NOR Co. v. Brotherhood of Ry. & Steamship ClerksSupreme Court of the United States · 1930
- Slocum v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1950
21 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- International Association of MacHinists & Aerospace Workers v. Northwest Airlines, Inc.Court of Appeals for the Third Circuit · 1982
- Junior S. Jackson, Cross-Appellant v. Consolidated Rail Corporation, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1984
- Captain Tom Barber v. The Motor Vessel "Blue Cat", a 32' Catamaran, Her Engines, Apparel, Tackle and EquipmentCourt of Appeals for the Fifth Circuit · 1967
- Winston B. Lewy v. Southern Pacific Transportation CompanyCourt of Appeals for the Ninth Circuit · 1986
- Lola Burton, as Administratrix of the Estate of William C. Burton v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1964
45 more not listed; retrieve them via the Exa API.