Moore v. Thompson

ALLRED, District Judge.

Action by plaintiff for wrongful discharge. Reference is here made to a memorandum dated April 29, 1953, D.C., 131 F.Supp. 658, overruling defendant’s motion for summary judgment based upon plaintiff’s failure to file a direct proceeding for a judicial review of a decision of the United States Railroad Retirement Board.

Defendant has filed a second motion to dismiss based upon plaintiff’s failure to allege exhaustion of his remedies un*666der the employment contract between the railroad and plaintiff’s union. Article 21 of such contract provides that conductors shall not be…