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RAILROAD YARDMASTERS v. INDIANA HARBOR BELT R. CO.

No. 751.

70 F.Supp. 914 (1947)

RAILROAD YARDMASTERS OF NORTH AMERICA, Inc., v. INDIANA HARBOR BELT R. CO. et al.

District Court, N. D. Indiana, Hammond Division.

April 14, 1947.

Attorney(s) appearing for the Case

McKnight, McLaughlin & Dunn, and Edward J. McLaughlin, all of Chicago, Ill., and Galvin, Galvin & Leeney, and Frank J. Galvin, all of Hammond, Ind., for plaintiff.

Crumpacker & Friedrich, and Owen Crumpacker, all of Hammond, Ind., for Indiana Harbor Belt Co.

Adams, Nelson & Williamson, and Burke Williamson, all of Chicago, Ill., and Kal Waller, of Hammond, Ind., for defendant C. P. Barker.

SWYGERT, District Judge.

This is an action brought under the Railway Labor Act, 45 U.S.C.A. § 151 et seq., for enforcement of an order of the National Railroad Adjustment Board. Defendant E. E. Mathews died since the start of the suit. The two remaining defendants filed motions to dismiss the complaint.

The motions to dismiss are granted for the reasons: (1) the Adjustment Board order fixes no time limit for compliance, (2) the award and order are too...

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