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TEXAS & P. RY. CO. v. BROTHERHOOD OF RAILROAD TR.

No. 1308.

63 F.Supp. 640 (1945)

TEXAS & P. RY. CO. et al. v. BROTHERHOOD OF RAILROAD TRAINMEN et al.

District Court, W. D. Louisiana, Alexandria Division.

December 11, 1945.

Attorney(s) appearing for the Case

M. E. Clinton, of Dallas, Tex., Esmond Phelps, of New Orleans, La., Fred G. Hudson, Jr., of Monroe, La., H. Payne Breazeale, of Baton Rouge, La., and Frank H. Peterman, of Alexandria, La., for plaintiffs.

Kemble K. Kennedy, of Baton Rouge, La., for defendants Brotherhood of Railroad Trainmen and Rapides Lodge No. 856 of the Brotherhood of Railroad Trainmen.

Fred G. Benton, of Baton Rouge, La., and C. Ory Dupont, of Plaquemine, La., for individual defendants, who are employees of Texas & Pacific Ry. Co.

PORTERIE, District Judge.

Motions filed by the two defendants to dismiss this action for declaratory judgment sought by the two plaintiff railroads were considered and overruled at 60 F.Supp. 263.

The facts determined in that former opinion are to be taken and now placed in the case on the merits.

Taking these facts as a premise, and with the legal principles established from these facts in the opinion dismissing...

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