John Ferro, Harry Lauda and Jerome J. Gagliano, on Behalf of Themselves, and All Those Similarly Situated v. Railway Express Agency, Inc.

Plaintiffs seek to appeal from an order of Judge Palmieri, D.C.S.D.N.Y.1960, 183 F.Supp. 417, which (1) granted defendants’ motion to dismiss so much of the plaintiffs’ complaint as purported to allege a federal question under the Railway Labor Act, 45 U.S.C.A. § 157 et seq., grounded upon the allegation that defendants hostilely discriminated against the plaintiffs in connection with work assignments; but (2) allowed plaintiffs to pursue their state common law cause of action wherein they allege their wrongful discharge from employment if they within 30 days amend their complaint so as to…