Railway Labor Executives Association v. The Atchison, Topeka & Santa Fe Railway Company

430 F.2d 994 74 L.R.R.M. (BNA) 2628 , 63 Lab.Cas. P 10,992 RAILWAY LABOR EXECUTIVES ASSOCIATION, an unincorporated association, Frank Carthy, R. W. Kroll, W. A. Stymus, F. E. Holden R. M. Hester, J. R. Bond, W. Comstock, and P. I. Jensen, on their own behalf and on the behalf of all others similarly situated, Plaintiffs-Appellants, v. The ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, Defendant-Appellee. No. 23908. United States Court of Appeals, Ninth Circuit. June 23, 1970, Rehearing Denied July 21, 1970. William G. Mahoney (argued), of Mulholland, Hickey & Lyman, Washington, D.C., George E. Bodle, of Bodle, Fogel, Julber & Reinhardt, Los Angeles, Cal., for appellant. Robert B. Curtiss (argued), of John J. Balluff, Robert A. Feldman, Los Angeles, Cal., C. George Niebank, Jr., and Richard K. Knowlton, Chicago, Ill., for appellee. Before ELY and WRIGHT, Circuit Judges, and JAMESON, * District judge. EUGENE A. WRIGHT, Circuit Judge: 1 Appellant railway employees seek damages for loss of work resulting from the discontinuance of four interstate trains by their employer. They allege that the discontinuance did not comply with the procedures set out in Section 13a of the…