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JUSTICE v. SOUTHERN RAILWAY COMPANY

Civ. 1487.

143 F.Supp. 724 (1956)

Clarence JUSTICE, Plaintiff, v. SOUTHERN RAILWAY COMPANY, a Virginia Corporation, and the Brotherhood of Railroad Trainmen, Defendants.

United States District Court W. D. North Carolina, Asheville Division.

August 9, 1956.

Attorney(s) appearing for the Case

McLean, Gudger, Elmore & Martin, Asheville, N. C., for plaintiff.

Ward & Bennett, Asheville, N. C., for defendant Southern Railway.

Uzzell & DuMont, Asheville, N. C., for defendant Brotherhood of Railroad Trainmen.

WARLICK, District Judge.

This matter was heard before me on the motion of the Brotherhood of Railroad Trainmen to dismiss the action as to it for that the Court lacks jurisdiction and additionally for a lack of diversity of citizenship, and upon motion of the defendant Southern Railway Company for summary judgment and for dismissal of the action for want of jurisdiction; each of said motions was supported by affidavits. After a lengthy hearing, followed by the argument...

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