Colbert

Colbert v. Brotherhood of Railroad Trainmen

Good Law
206 F.2d 9
United States Court of Appeals for the Ninth CircuitSeptember 14, 195313366_1California2,378 words

Opinion

Opinion

McCORMICK, J.

This is an appeal from a final order granting motions to dismiss a complaint in the District Court.

Appellants as plaintiffs on October 2, 1951, filed their complaint in the court below wherein they named the appellee entities as defendants in the action.

The suit which plaintiffs contend is warranted by the Railway Labor Act, also referred to as the Act, 45 U.S.C.A. § 151 et seq., and by Title 28 U.S.C.A. § 1337 , was for injunction and declaratory relief in the form of a representative or class action on behalf of the fourteen specifically named plaintiff employees of the Pacific Electric Railway Company and on behalf of “other persons similarly situated” whose seniority status in the Pacific Electric Railway Company was alleged in the complaint to have been actually or potentially injuriously affected by a collective bargaining agreement entered into on December 22, 1942, between Pacific Electric Railway Company, hereinafter called P.E. or the Railway, and the Brotherhood of Railroad Trainmen and their affiliated local lodges and General Grievance Committee, Pacific Electric Lines, all hereinafter referred to as B.R.T., or the Brotherhood.

The record shows that at the time…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.