Egan v. St. Louis-San Francisco Railway Co.

Plaintiff sued defendant railroad for actual and punitive damages because, as he alleged, defendant wrongfully discharged plaintiff and thereafter fraudulently induced plaintiff to execute a written resig*940nation from his employment as a car loading claims clerk. Defendant moved the court nisi to dismiss the petition on the ground that the National Railroad Adjustment Board per 45 USCS § 151 et seq., had exclusive jurisdiction to adjudicate plaintiff’s averred grievances. The court obliged defendant and plaintiff appealed.

Because of plaintiff’s evident infractions of Rule 84.04(d), V.A.M.R.,…