Empresa Ecuatoriana De Aviacion, S. A., Cross-Appellant v. District Lodge No. 100, Cross-Appellees

GODBOLD, Chief Judge:

This appeal arises from an illegal strike by employees of an airline subject to the Railway Labor Act, 45 U.S.C. § 151 et seq. Without seeking an injunction against the strike the carrier replaced some of the striking workers on the ground that this was necessary for it to continue operating. The airline then sought and obtained injunctive relief ending the strike, and those strikers not replaced were reinstated. The district court held that strikers who had been replaced because of necessity to continue operations were not entitled to reinstatement. It found that four…