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WADE v. SOUTHERN PACIFIC COMPANY

Civ. A. No. 65-H-212.

243 F.Supp. 307 (1965)

Ralph A. WADE, Walter B. Kyle, Willie F. Garmon, Individually for themselves and for others similarly situated, Plaintiffs, v. SOUTHERN PACIFIC COMPANY, Switchmen's Union of North America, and H. P. Watson, Defendants.

United States District Court S. D. Texas, Houston Division.

July 8, 1965.

Attorney(s) appearing for the Case

Schmidt & Garrett, Houston, Tex. (George L. Schmidt), Houston, Tex., for plaintiffs.

Baker, Jordan, Shaw & Foreman (Jim Foreman), Dallas Tex., and Combs & Mitchell, (W. Arthur Combs), Houston, Tex., for defendants Switchmen's Union of North America and H. P. Watson.

Baker, Botts, Shepherd, & Coates (V. R. Burch, Jr.), Houston, Tex., for defendant Southern Pacific Co.

NOEL, District Judge.

This case is presently before the Court upon the motions of the defendants Southern Pacific Company, Switchmen's Union of North America and H. P. Watson to dismiss for the following reasons: (1) the plaintiffs have failed to exhaust their administrative or contractual remedies for the redress of any grievance which they may have; (2) jurisdiction of the matter complained of in the plaintiffs' complaint is vested in the National Railroad Adjustment...

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