Rychlik v. Pennsylvania Railroad

HAND, Circuit Judge.

The plaintiff appeals from a judgment, summarily dismissing his complaint against the defendant Railway and the intervening Union (a trades-union of railway conductors and brakemen). The complaint alleged that the plaintiff had been employed as a “trainman” of the Railway at a time when he was a member of the Union, from which he resigned in February, 1953, and in which other “trainmen,” on whose behalf he sued, as “similarly situated,” had allowed their membership to lapse. Shortly thereafter the plaintiff and the others, “similarly situated,” joined another union, which…