System Federation No. 59 of Railway Employees' Department of American Federation of Labor v. Louisiana & A. Ry. Co.

PORTERIE, District Judge.

This case in so far as its original complaint be concerned is the same in legal principles as the case of System Federation No. 59, etc., v. Louisiana & A. R. Co., 30 F.Supp. 909, decided by us, followed by us again at 32 F.Supp. 89, by appellate consideration at, 5 Cir., 119 F.2d 509, and with final refusal of writ of certiorari at 314 U. S. 656, 62 S.Ct. 108, 86 L.Ed. 526. There is a different factual set-up.

The instant factual set-up (the factual set-up in the former companion case can be gleaned from the previous district and circuit opinions) is that the…