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TUNSTALL v. BROTHERHOOD OF LOCOMOTIVE F. AND E.

Civil Action No. 210.

69 F.Supp. 826 (1946)

TUNSTALL v. BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN, NORFOLK, VA., et al.

District Court, E. D. Virginia, Norfolk Division.

October 9, 1946.

Attorney(s) appearing for the Case

Oliver W. Hill and Spottswood W. Robinson, III, both of Richmond, Va., and Charles H. Houston and Joseph C. Waddy, both of Washington, D. C., for plaintiff.

William G. Maupin, of Norfolk, Va., Harold C. Heiss and Russell B. Day, both of Cleveland, Ohio, and Ralph M. Hoyt, of Milwaukee, Wis., for Brotherhood of Locomotive Firemen and Enginemen, Ocean Lodge, No. 76, Norfolk, Va., Port Norfolk Lodge, No. 775, Portsmouth, Va., and W. M. Munden, defendants.

James G. Martin of Norfolk, Va., for Norfolk Southern Ry. Co.

HUTCHESON, District Judge.

The facts involved in this case have been stated by the United States Circuit Court of Appeals, Fourth Circuit, in 140 F.2d 35, and in 148 F.2d 403. The case was before the Supreme Court and by it reported in 323 U.S. 210, 65 S.Ct. 235, 236, 89 L.Ed. 187, where the Court refers to it as "setting up, in all material respects, a cause of action...

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