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WESTERN PACIFIC RAILROAD COMPANY v. HABERMEYER

No. 44304.

248 F.Supp. 44 (1965)

The WESTERN PACIFIC RAILROAD COMPANY, and the Southern Pacific Company, suing on their own behalf and on behalf of all other railroads similarly situated, Plaintiffs, v. Howard W. HABERMEYER et al., Defendants.

United States District Court N. D. California, S. D.

November 24, 1965.

Attorney(s) appearing for the Case

McCutchen, Doyle, Brown, Trautman & Enersen, by Burnham Enersen and Richard Murray, San Francisco, Cal., for plaintiffs.

Cecil Poole, U. S. Atty., by Charles Elmer Collett, Asst. U. S. Atty., San Francisco, Cal., for defendants.

SWEIGERT, District Judge.

Plaintiffs, Western Pacific Railroad Company, Southern Pacific Company, suing on their own behalf and on behalf of 775 other similarly situated railroads, have brought this action against defendants, as members and officials of the Railroad Retirement Board (Railroad Retirement Act of 1937, as amended 45 U.S. C. §§ 228a to 228z-1) for a declaratory judgment and for an injunction enjoining defendants from paying any unemployment...

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