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LATHAM v. BALTIMORE AND OHIO RAILROAD COMPANY

No. 66, Docket 25731.

274 F.2d 507 (1960)

Edwin E. LATHAM, Arthur Combs, Beecher H. Steele, Dennis J. Clark, James Devine, Harry P. Schaeffer, James R. Willhoit, Elmer F. Derry, Robert E. Feldman and Carl Lennox, Plaintiffs-Appellants, and H. L. Kester, Jr., Plaintiff, v. BALTIMORE AND OHIO RAILROAD COMPANY, Defendant-Appellee, Brotherhood of Railroad Trainmen, an Unincorporated Association, et al., Third-Party Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided January 15, 1960.

Attorney(s) appearing for the Case

Norman M. Spindelman, Rochester, N. Y. (Meyer Fix, Rochester, N. Y., on the brief), for plaintiffs-appellants.

S. R. Prince, Baltimore, Md. (William C. Combs, Rochester, N. Y., on the brief), for defendant-appellee Baltimore and O. R. Co.

Charles J. McDonough, Buffalo, N. Y. (Wayland K. Sullivan, Cleveland, Ohio, for Brotherhood of Railroad Trainmen, Harold C. Heiss and Russell B. Day, Cleveland, Ohio, for Brotherhood of Locomotive Firemen & Enginemen, on the brief), for third-party defendants-appellees, the Brotherhoods.

Before MAGRUDER, MEDINA and FRIENDLY, Circuit Judges.

MEDINA, Circuit Judge.

Plaintiffs, former employees of the defendant-appellee Baltimore and Ohio Railroad Company, and former members of the third-party appellees, the Brotherhood of Railroad Trainmen and the Brotherhood of Locomotive Firemen & Enginemen, appeal from a summary judgment dismissing their complaint with prejudice. The claims of certain other plaintiffs, also former employees of the B & O and former members of the Brotherhoods, were reserved for...

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