Legal Opinion
Brotherhood of Railroad Trainmen v. Texas & P. Ry. Co.
Court of Appeals for the Fifth Circuit
Decided February 5, 1947No. 11663PublishedCited by 5 opinions
1Opinion of the Court
HUTCHESON, Circuit Judge.
This is another of those cases arising under the Railway Labor Act, of which Brotherhood v. T. & N. O.1 was the first, where on appeal the primary question for decision is, does the suit present a justiciable controversy? The secondary one is, is the judgment right?
The matter comes up in this way. Grounding jurisdiction on diversity and on the Railway Labor Act of 1934,2 plaintiffs-appellees sued the Brotherhood of Railroad Trainmen, Rapids Lodge No-. 856 of the Brotherhood of Railroad Trainmen, and some thirty individual members of the Brotherhood and the Lodge. They…
2Cases cited16 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Steele v. Louisville & Nashville RailroadSupreme Court of the United States · 1944
- Elgin, Joliet & Eastern Railway Co. v. BurleySupreme Court of the United States · 1945
- Switchmen's Union v. National Mediation BoardSupreme Court of the United States · 1943
- Texas & NOR Co. v. Brotherhood of Ry. & Steamship ClerksSupreme Court of the United States · 1930
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3Cited by5 opinions
- Russell E. Peterson v. Brotherhood of Locomotive Firemen and EnginemenCourt of Appeals for the Seventh Circuit · 1959
- Akers Motor Lines, Inc. v. Malone Freight Lines, Inc.District Court, N.D. Alabama · 1950
- Hampton v. ThompsonCourt of Appeals for the Fifth Circuit · 1948
- Williams v. Central of Georgia Ry. Co.District Court, M.D. Georgia · 1954
- Illinois Cent. R. Co. v. Brotherhood of Railroad TrainmenDistrict Court, N.D. Illinois · 1949