Employees Protective Association v. Norfolk and Western Railway Company, Brotherhood of Locomotive Engineers, and Special Board of Adjustment No. 813

WIDENER, Circuit Judge:

This is the second time this case has been before this court. In 511 F.2d 1040 (1975), we reversed the action of the district court 1 in dismissing plaintiff’s complaint for lack of jurisdiction over the subject matter of the case. We remanded the case to the district court “for the limited purpose of deciding whether Board No. 813 exceeded its jurisdiction in making the award under attack in this case.” The issue is more specifically stated in appellants’ brief as follows: “Appellants’ [Employees Protective Association, et al (the Association)] position is that the…