Brooks v. Chicago, R. I. & P. R. Co.

WOODROUGH, Circuit Judge.

When this action was brought by Alonzo W. Brooks in the District court, a division of the National Railroad Adjustment Board and System Federation No. 6 Railway Employees Department of A. F. L., Mechanical Section thereof, were joined with the Chicago, Rock Island & Pacific Railroad Company as defendants, but valid service was not had upon the Board or the labor union and the action was tried against the railroad alone. There was a judgment on the merits in favor of the railroad and against the plaintiff dismissing the action and plain tiff appeals.

He alleged in his…