Legal Opinion

Joint Council Dining Car Employees Local 370 v. Delaware, L. & W. R.

Court of Appeals for the Second Circuit

Decided July 15, 1946No. 272, Docket 20185PublishedCited by 53 opinions

1Opinion of the Court

CLARK, Circuit Judge.

This appeal involves an interesting question as to the effect of an express limitation upon a special statutory remedy where failure to institute suit more promptly is sought to be explained as a consequence of the celebration of “V-J Day” authorized by the President of the United States in connection with the victory in the Pacific. The action here is on an award of the Third Division of the National Railroad Adjustment Board made against the defendant railroad. The award appears as an order of the Division of June 11, 1943— made a part of the complaint as an exhibit…

2Cases cited32 opinions

  1. Elgin, Joliet & Eastern Railway Co. v. BurleySupreme Court of the United States · 1945
  2. Sibbach v. Wilson & Co.Supreme Court of the United States · 1941
  3. Order of Railroad Telegraphers v. Railway Express Agency, Inc.Supreme Court of the United States · 1944
  4. Moore v. Illinois Central RailroadSupreme Court of the United States · 1941
  5. Central Vermont Railway Co. v. WhiteSupreme Court of the United States · 1915

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3Cited by53 opinions

  1. Park & Tilford, Inc. v. SchulteCourt of Appeals for the Second Circuit · 1947
  2. Union Carbide & Carbon Corp. v. NisleyCourt of Appeals for the Tenth Circuit · 1961
  3. Robert L. Rust v. Quality Car Corral, Inc. And the Provident BankCourt of Appeals for the Sixth Circuit · 1980
  4. Brotherhood of Locomotive Engineers & Trainmen General Committee of Adjustment CSX Transportation Northern Lines v. CSX Transportation, Inc.Court of Appeals for the Eleventh Circuit · 2008
  5. Union Carbide and Carbon Corporation and Vanadium Corporation of America v. Frank Nisley, Jr., Union Carbide and Carbon Corporation and Vanadium Corporation of America v. John F. Wade, Union Carbide and Carbon Corporation and Vanadium Corporation of America v. Howard Balsley, Union Carbide and Carbon Corporation and Vanadium Corporation of America v. UnnamedCourt of Appeals for the Tenth Circuit · 1962

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