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FELTER v. SOUTHERN PACIFIC COMPANY

No. 36348.

155 F.Supp. 315 (1957)

Marion S. FELTER, on behalf of himself and others similarly situated, Plaintiff, v. SOUTHERN PACIFIC COMPANY, a corporation; Brotherhood of Railroad Trainmen, a voluntary association; J. J. Corcoran, as General Chairman, etc., Defendants.

United States District Court N. D. California, S. D.

May 24, 1957.

Attorney(s) appearing for the Case

Carroll, Davis & Burdick, San Francisco, Cal., for plaintiff.

Burton Mason and W. A. Gregory, San Francisco, Cal., for defendant Southern Pacific Co.

Hildebrand Bills & McLeod, Oakland, Cal., for defendant Brotherhood of Railroad Trainmen.

EDWARD P. MURPHY, District Judge.

The cross motions for summary judgment which are before this court involve an interpretation of Section 2, Eleventh of the Railway Labor Act, 45 U.S.C.A. § 152, Eleventh. The pertinent parts of this section read:

"* * * any carrier or carriers as defined in this chapter and a labor organization or labor organizations duly designated and authorized to represent employees in accordance with the requirements of this chapter...

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