Fred Shiels, Robert L. Swafford, Keith U. Clark, and R.D. Vernon v. The Baltimore and Ohio Railroad Company, a Corporation

SCHNACKENBERG, Circuit Judge.

Plaintiffs filed suit against defendant in the Marion, Indiana, Superior Court on August 3, 1956, for damages for alleged wrongful and unlawful discharge by defendant. The cause was removed to the United States District Court for the Southern District of Indiana, and the court sustained a motion by defendant for summary judgment in its favor. From a judgment entered accordingly, plaintiffs have appealed.

From the complaint and affidavits on file, the material facts appear. Those here relevant we now briefly state.

Plaintiffs were employed by defendant carrier. On or…