Western Pacific Railroad Company v. Habermeyer

382 F.2d 1003 WESTERN PACIFIC RAILROAD COMPANY and The Southern Pacific Company, suing on their own behalf and on behalf of all other railroads similarly situated, Appellants, v. Howard W. HABERMEYER, Thomas M. Healy and A. E. Lyon, individually and as members of the Railroad Retirement Board, et al., Appellees. No. 20785. No. 21377. United States Court of Appeals Ninth Circuit. August 23, 1967. Rehearing Denied October 25, 1967. COPYRIGHT MATERIAL OMITTED McCutchen, Doyle, Brown, Trautman & Enersen, San Francisco, Cal., for appellants. Barefoot Sanders, Asst. Atty. Gen., Carl Eardley, Asst. Atty. Gen., Civil Division, Dept. of Justice, Washington, D. C., Myles F. Gibbons, Gen. Counsel, Railroad Retirement Bd., Chicago, Ill., Schoene & Kramer, A. C. Railway Labor Executives Ass'n, Washington, D. C., Cecil F. Poole, U. S. Atty., San Francisco, Cal., for appellees. Before POPE, HAMLEY and DUNIWAY, Circuit Judges. DUNIWAY, Circuit Judge: 1 Appellants are two of the railroads that are "employers" as defined in the Railroad Unemployment Insurance Act, 45 U.S.C. §§ 351-367 , as amended, particularly § 351(a). They purport to sue, under Rule 23(a), F.R.Civ.P., on…