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CHAPMAN v. LOCAL 104 OF INTERNAT'L ASS'N OF MACHINISTS

Civ. A. No. 997-H.

199 F.Supp. 186 (1961)

Roy CHAPMAN, Emmett Aills, Otho A. Ray, William R. Cox, Carl Grubbs, Byrd W. Doss, Freeman Sargent, R. M. McCrosky, J. E. Cobb, and F. M. Warren, Plaintiffs, v. LOCAL 104 OF the INTERNATIONAL ASSOCIATION OF MACHINISTS, and The Chesapeake and Ohio Railway Company, Defendants.

United States District Court S. D. West Virginia, at Huntington.

November 6, 1961.

Attorney(s) appearing for the Case

J. Earl Pratt, Pratt, Kennedy & Moore, Ironton, Ohio, Itkin, Roberts & Greenbaum, New York City, and Henry L. Max, Huntington, W. Va., for plaintiffs.

Russell C. Dunbar, Dodrill, Barrett, Dunbar & Chafin, Huntington, W. Va., for defendant Local 104 of the Internatl. Assn. of Machinists.

Amos A. Bolen and Edwin W. Conley, Fitzpatrick, Huddleston & Bolen, Huntington, W. Va., for defendant Chesapeake and O. Ry. Co.

HARRY E. WATKINS, District Judge.

This is an action for declaratory judgment, an injunction and damages, brought by ten white machinist helpers in their individual capacities, against Local 104 of the International Association of Machinists, of which each is a member, and against the Chesapeake and Ohio Railway Company, by whom each has been employed. The ultimate and important question for decision is whether this court has original jurisdiction to hear a railway...

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