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McNULTY v. NATIONAL MEDIATION BOARD

18 F.Supp. 494 (1936)

McNULTY v. NATIONAL MEDIATION BOARD et al.

District Court, N. D. New York.

December 28, 1936.

Attorney(s) appearing for the Case

Barkhuff & Conway, of Albany, N. Y. (Earl Barkhuff, of Albany, N. Y., of counsel), for plaintiffs.

Joseph Rosch and James L. Fitzgerald, both of Albany, N. Y., for Delaware & Hudson R. Corporation.

Frank L. Mulholland, of Toledo, Ohio, and George J. Hatt, 2nd, of Albany, N. Y., for defendants Order of Railroad Telegraphers, E. J. Manion, B. C. Lewis, and John Rebman.

COOPER, District Judge.

This is a suit in equity arising under the Railway Labor Act as amended June 21, 1934, and particularly section 2 of that act (45 U.S.C.A. § 152).

The plaintiff sues on behalf of himself and 193 employees, constituting a majority, in station, tower, and telegraph service of the defendant carrier.

The other parties to the action are the Order of Railway Telegraphers (hereinafter called the O. R. T.), its president and vice...

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