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KEMP v. ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY

No. 22922.

358 F.2d 722 (1966)

Criscell KEMP et al., Appellants, v. The ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY et al., Appellees.

United States Court of Appeals Fifth Circuit.

March 17, 1966.

Attorney(s) appearing for the Case

John F. Morrissey, Chicago, Ill., A. B. Hankins, Amarillo, Tex., Williams & Darden, Clarence Williams, Robert Darden, San Antonio, Tex., for appellants.

B. F. Crowley, Chicago, Ill., John Hazlewood, Robert R. Sanders, of Miller, Sanders & Baker, Amarillo, Tex., C. D. Hawley, Asst. Gen. Counsel, Brotherhood of Railroad Trainmen, Cleveland, Ohio, for appellees Brotherhood of Railroad Trainmen, International Assn. and Brotherhood of Railroad Trainmen Frosty Hamrick Lodge No. 608.

Starr Thomas, C. George Niebank, Jr., William John Swartz, Chicago, Ill., J. L. McMicken, Amarillo, Tex., for appellee Santa Fe R. Co.

Before GEWIN and THORNBERRY, Circuit Judges, and WEST, District Judge.

PER CURIAM.

This is an appeal from an order of the United States District Court for the Northern District of Texas dismissing appellants' complaint for failure to state a claim upon which relief can be granted.

Appellants allege that they are members of a certain class or craft of railroad employees entitled to perform a particular type of work on the appellee railroad which is now being assigned to and performed by a class or craft of employees of the railroad...

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