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FAGAN v. PENNSYLVANIA RAILROAD COMPANY

Civ. A. No. 5968.

173 F.Supp. 465 (1959)

Herbert J. FAGAN, et al. on their own behalf and on the behalf of all other persons similarly situated, Plaintiffs, v. PENNSYLVANIA RAILROAD COMPANY and Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes, Defendants.

United States District Court M. D. Pennsylvania.

May 15, 1959.

Attorney(s) appearing for the Case

I. Herbert Rothenberg, Philadelphia, Pa., Prowell, Kunkel & Naugle, Harrisburg, Pa., for plaintiffs.

Richard N. Clattenburg, Hermon M. Wells, Philadelphia, Pa., Nauman, Smith, Shissler and Hall, Harrisburg, Pa., for defendant, Pennsylvania Railroad Co.

Allen Olmsted, 2nd, Philadelphia, Pa. (Saul, Ewing, Remick & Saul, Philadelphia, Pa., of counsel) Edward J. Hickey, Jr., James L. Highsaw, Jr., Washington, D. C. (Mulholland, Robie & Hickey, Washington, D. C., of counsel), John Y. Scott, Harrisburg, Pa., for defendant, Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes.

FOLLMER, District Judge.

This is an action brought by 157 members of Harrisburg local lodge, Square Deal Lodge No. 421 (hereinafter called "Local Lodge") of the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees (hereinafter called "Brotherhood"), and the Pennsylvania Railroad Company (hereinafter called "Railroad"), seeking to set aside a seniority agreement which, it is alleged, was entered into between the defendants and...

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