Cecil Ballew, Ralph Berry and Paul Hockabout v. Southern Pacific Co.

On September 27, 1966, Cecil Ballew, Ralph Berry and Paul Hockabout, appellants herein, filed an action in the United States District Court for the Northern District of California seeking damages and attorneys fees from Southern Pacific Co., appellee herein. On November 21, 1966, appellee filed its answer. In July, 1967, the clerk’s docket sheet indicates that appellee filed the depositions of the three appellants. On March 28, 1968, the clerk of the district court issued an order pursuant to local Rule 11 commanding appellants to appear and show cause why the case should not be dismissed for lack of prosecution. On June 6, 1968, counsel for all parties appeared in court at the show cause hearing. When the matter was submitted, the district court made its order dismissing the case. Appellants then filed a motion for rehearing, which was denied by the court on July 9, 1968. Appellants filed a timely notice of appeal to this court which has jurisdiction under 28 U.S.C. § 1291 .

The complaint set out that in 1957 appellants were employees of the railroad. They were also members of the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees, which…