Paul I. Metcalf, Jr. v. National Airlines, Incorporated

TUTTLE, Circuit Judge.

This is an appeal from an order dismissing the complaint of Metcalf suing for “two days pay” as a clerical employee of appellee, National Airlines, Inc. Both parties are residents of Florida. Thus no jurisdiction rests in the Federal courts to entertain this suit by reason of diversity of citizenship or because it “arises under the constitution, laws, or treaties of the United States.” 1 The single question thus posed, is agreed to by the parties:

“May an airline employee sue under 45 U.S.C.A. 153 (p) in federal district court to enforce the award of an airline system…