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DILLARD v. CHESAPEAKE AND OHIO RAILWAY COMPANY

No. 1513.

136 F.Supp. 689 (1955)

Clayborne T. DILLARD et al., Complainants, v. The CHESAPEAKE AND OHIO RAILWAY COMPANY, a corporation, System Federation No. 41, Railway Employes' Department of the American Federation of Labor, et al., Defendants.

United States District Court S. D. West Virginia, Charleston Division.

December 3, 1955.

Attorney(s) appearing for the Case

T. G. Nutter, Charleston, W. Va., and Joseph C. Waddy, Washington, D. C., for plaintiffs.

Amos A. Bolen and Bert H. Early of Fitzpatrick, Marshall, Huddleston & Bolen, Huntington, W. Va., and Strother Hynes, Richmond, Va., for The Chesapeake & Ohio Railway Co.

W. G. Stathers, of Stathers & Cantrall, Clarksburg, W. Va., and Richard R. Lyman of Mulholland, Robie & Hickey, Toledo, Ohio, for all defendants other than The Chesapeake & Ohio Railway Co.

BOREMAN, District Judge, sitting by special designation.

This case was remanded to this Court by the Court of Appeals for the Fourth Circuit. Dillard v. Chesapeake & O. Ry. Co., 199 F.2d 948, 952.

The second amended bill of complaint was considered by the Circuit Court of Appeals, and in that complaint the plaintiffs alleged several grounds of federal jurisdiction. This Court...

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