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TUNSTALL v. BROTHERHOOD

No. 37.

323 U.S. 210 (1944)

65 S.Ct. 235

89 L.Ed. 187

TUNSTALL v. BROTHERHOOD OF LOCOMOTIVE FIREMEN & ENGINEMEN ET AL.

Supreme Court of United States.

Decided December 18, 1944.

Attorney(s) appearing for the Case

Mr. Charles H. Houston for petitioner.

Mr. Harold C. Heiss, with whom Messrs. Russell B. Day and William G. Maupin were on the brief, for the Brotherhood of Locomotive Firemen & Enginemen et al.; and Mr. James G. Martin for the Norfolk Southern Railway Co., respondents.

Solicitor General Fahy, Messrs. Robert L. Stern, Alvin J. Rockwell, Joseph B. Robison, Frank Donner, Marcel Mallet-Provost and Miss Ruth Weyand filed a brief on behalf of the United States; Messrs. Thurgood Marshall and William H. Hastie on behalf of the National Association for the Advancement of Colored People; and Messrs. Edgar Watkins, John D. Miller, Arthur Garfield Hays, R. Beverley Herbert, and T. Pope Shepherd on behalf of the American Civil Liberties Union, as amici curiae, in support of petitioner.

MR. CHIEF JUSTICE STONE delivered the opinion of the Court.

This is a companion case to Steele v. Louisville & Nashville R. Co., ante, p. 192, in which we answered in the affirmative a question also presented in this case. The question is whether the Railway Labor Act, 48 Stat. 1185, 45 U.S.C. §§ 151 et seq., imposes on a labor organization, acting as the exclusive bargaining representative of a craft or class of railway employees...

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