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POLING v. BALTIMORE & OHIO RAILROAD COMPANY

Nos. 207-E, 208-E, 211-E, 212-E and 213-E.

166 F.Supp. 710 (1958)

Donald R. POLING, Junior R. McWilliams, James Thomas Turner, Ralph E. Bunner and Jack McLaughlin, Plaintiffs, v. The BALTIMORE & OHIO RAILROAD COMPANY, a corporation, System Federation No. 30 of the Railway Employes' Department of the American Federation of Labor, and others, Defendants.

United States District Court N. D. West Virginia, Elkins Division.

September 29, 1958.

Attorney(s) appearing for the Case

Kenneth E. Spencer, Atty., Dept. of Justice, Washington, D. C., and Roderick A. Devison, Asst. U. S. Atty., Fairmont, W. Va., for plaintiffs.

Sydney R. Prince, Baltimore, Md., and Charles W. Yeager, of Steptoe & Johnson, Charleston, W. Va., for defendant Baltimore & O. R. Co.

Richard R. Lyman, of Mulholland, Robie & Hickey, Toledo, Ohio, and William G. Stathers, of Stathers & Cantrall, Clarksburg, W. Va., for all other defendants.

BOREMAN, Judge.

These consolidated cases arise out of claims of employees, returning from military service, to positions and seniority. The actions were first brought in the U. S. District Court, District of New Jersey, in May of 1950, but were transferred to this court for the convenience of the parties and witnesses by order dated June 26, 1950. The proceedings were delayed from time to time over a period of years, apparently...

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