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BROTHERHOOD OF RAILROAD TRAINMEN v. B & O R.R.

[No. 633, September Term, 1966.]

248 Md. 580 (1968)

238 A.2d 516

THE BROTHERHOOD OF RAILROAD TRAINMEN v. THE BALTIMORE AND OHIO RAILROAD COMPANY, ET AL.

Court of Appeals of Maryland.

Motion for rehearing filed February 26, 1968.

Denied March 4, 1968.

Attorney(s) appearing for the Case

Bernard M. Savage (on both arguments) for appellant.

George W. Constable (on both arguments) with whom was Charles E. Mechem on the brief, for Pennsylvania Railroad Company, one of appellees.

Robert O. Smith, Jr., (on both arguments) with whom was W. Scott Armentrout on the brief, for the Baltimore and Ohio Railroad Company, other appellee.

The cause was argued on October 19, 1967 before HAMMOND, C.J., and HORNEY, MARBURY, BARNES and McWILLIAMS, JJ., and reargued on November 10, 1967, before HAMMOND, C.J., and HORNEY, MARBURY, BARNES, McWILLIAMS, FINAN and SINGLEY, JJ.

BARNES, J., delivered the majority opinion of the Court. HAMMOND, C.J., and MARBURY, and FINAN, JJ., dissent. Dissenting opinion by FINAN, J., in which HAMMOND, C.J., and MARBURY, J., concur, at page 605, infra.

This appeal principally involves the question of whether the decree of the Circuit Court of Baltimore City (Harris, J.) dated November 21, 1966, reversing order 56137, dated February 18, 1966, of the Public Service Commission of Maryland, because the...

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