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FOGG v. RANDOLPH

244 F.Supp. 885 (1962)

Lawson FOGG, Edgar C. Lane, Kermit E. Sullivan, York C. Battey, Kyle Pettis, Lloyd McDuffie, K. C. Thompson, Samuel Walker, Individually and on Behalf of Other Sleeping Car Porters and Sleeping-Lounge Car Attendance, Similarly Situated, Plaintiffs, v. A. Phillip RANDOLPH, President, and Ashley L. Totten, Secretary-Treasurer, Brotherhood of Sleeping Car Porters, Union, and the New York Central System, Defendants.

United States District Court S. D. New York.

November 13, 1962.

Attorney(s) appearing for the Case

William McKelvey, New York City, for plaintiffs.

Delson, Levin & Gordon, New York City, for defendant Brotherhood of Sleeping Car Porters; Ernest Fleischman, David Burns, New York City, of counsel.

Gerald E. Dwyer, New York City, for defendant New York Cent. R. Co.; James L. More, New York City, of counsel.

McGOHEY, District Judge.

Two motions are considered herein. The Brotherhood of Sleeping Car Porters (Brotherhood) and The New York Central System (Central), defendants,1 each move under Rule 12(b) of the Federal Rules of Civil Procedure for dismissal of the complaint.

The plaintiffs allege that they are sleeping car porters (Porters) and sleeping-lounge car attendants (Attendants) employed by Central who bring the action individually...

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