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RYCHLIK v. PENNSYLVANIA RAILROAD COMPANY

No. 114. Docket 23709.

229 F.2d 171 (1956)

N. P. RYCHLIK, individually, and on behalf of those similarly situated, Appellant, v. PENNSYLVANIA RAILROAD COMPANY, Defendant-Appellee, and Brotherhood of Railroad Trainmen, Intervenor-Appellee.

United States Court of Appeals Second Circuit.

Decided January 9, 1956.

Attorney(s) appearing for the Case

Meyer Fix, Rochester, N. Y., for plaintiffs-appellants.

Norman M. Spindelman, Rochester, N. Y., for appellant.

Richard N. Clattenberg, Philadelphia, Pa., Percy R. Smith, Buffalo, N. Y., for appellee, Pennsylvania R. Co., Adams, Smith, Brown & Starrett, Buffalo, N. Y., of counsel.

Harold J. Tillou, Buffalo, N. Y., for Union.

Before HAND, FRANK and MEDINA, Circuit Judges.

HAND, Circuit Judge.

The plaintiff appeals from a judgment, summarily dismissing his complaint against the defendant Railway and the intervening Union (a trades-union of railway conductors and brakemen). The complaint alleged that the plaintiff had been employed as a "trainman" of the Railway at a time when he was a member of the Union, from which he resigned in February, 1953, and in which other "trainmen," on whose behalf he sued, as "similarly situated," had allowed...

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