Legal Opinion

W. K. Ferguson and F. M. Nees v. Seaboard Air Line Railroad Company

Court of Appeals for the Fifth Circuit

Decided August 29, 1968No. 24331_1PublishedCited by 7 opinions

1Per curiam

Appellants were discharged from ap-pellee’s employ for allegedly violating a number of the railroad’s operating rules. Appellants filed separate suits in state court seeking damages for wrongful discharge. Both suits were removed to federal court on diversity and are consolidated for purposes of this appeal.

Relying on Republic Steel Corp. v. Maddox, 379 U.S. 650, 85 S.Ct. 614, 13 L.Ed.2d 580 (1965), the district court sustained a motion by appellee to dismiss for lack of jurisdiction due to appellants’ failure to resort to the grievance procedures under the collective bargaining agreement. In…

2Cases cited13 opinions

  1. Republic Steel Corp. v. MaddoxSupreme Court of the United States · 1965
  2. Moore v. Illinois Central RailroadSupreme Court of the United States · 1941
  3. Transcontinental & Western Air, Inc. v. KoppalSupreme Court of the United States · 1953
  4. Walker v. Southern Railway Co.Supreme Court of the United States · 1966
  5. De Carlo v. Town of West MiamiSupreme Court of Florida · 1950

8 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Hazel O. Haney v. Chesapeake & Ohio Railroad Company and Baltimore & Ohio Railroad CompanyCourt of Appeals for the D.C. Circuit · 1974
  2. Joe E. Parsons v. Norfolk and Western Railway Company, a CorporationCourt of Appeals for the Fourth Circuit · 1971
  3. Richard E. Sullivan v. Pacific and Arctic Railway and Navigation CompanyCourt of Appeals for the Ninth Circuit · 1971
  4. Poppert v. Brotherhood of Railroad TrainmenNebraska Supreme Court · 1971
  5. Florida East Coast Railway Co. v. HillDistrict Court of Appeal of Florida · 1970

2 more not listed; retrieve them via the Exa API.

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