[DOWNLOAD] "Brotherhood of Railroad Trainmen v. Central of Georgia Railway Co." by Fifth Circuit United States Court Of Appeals * Book PDF Kindle ePub Free

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eBook details

• Title: Brotherhood of Railroad Trainmen v. Central of Georgia Railway Co.
• Author : Fifth Circuit United States Court Of Appeals
• Release Date : January 28, 1962
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

Description

BROWN, C. J.: This case presents again questions under the Railway Labor Act, 45 USCA § 151 et seq. The District Court without ever hearing any proof, but as the briefs reflect after obviously hearing a lot of extrinsic evidentiary details about the background of the case, held that the complaint should be dismissed on three grounds. First, it was a matter exclusively for the Railway Adjustment Board. Second, the complaint did not state a claim, F.R. Civ. P. 12(b). And third, it was not justiciable. We conclude that the Court was partly right and partly wrong. We therefore reverse and remand.

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