SOLOMON, District Judge.
This case is before the court on defendant's motions for dismissal and summary judgment. The plaintiff Sands is a railroad employee and member of the Brotherhood of Railway Carmen of America. He was employed by the defendant Union Pacific Railroad Co. as a carman. By virtue of a collective bargaining agreement between the Brotherhood and the Union Pacific, he had acquired certain seniority rights when in July, 1950, he suffered a severe back...
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