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Adams v. New York

UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT


June 24, 1941

ADAMS ET AL.
v.
NEW YORK, C. & ST. L.R. CO.

On Motion to Dismiss Appeal.

EVANS, Circuit Judge.

The opinion of this court announced May 20, in the above entitled appeal is hereby withdrawn except the part thereof which relates to the dismissal of the appeal, which is adopted, the same as if restated, in this opinion, and the motion to dismiss the appeal is denied.

Upon the merits, in view of the decision of the United States Supreme Court, in Earl Moore v. Illinois Central Railroad Company, 61 S. Ct. 754, 85 L. Ed. - , decided March 31, 1941, the order of the District Court sustaining the defendant's motion to dismiss plaintiffs' complaint, was erroneous; the complaint should stand. In view of the Supreme Court's clarifying language as to the intended scope of the Railway Labor Act, 45 U.S.C.A. ยง 151 et seq., we can definitely state that the employees' action may be brought, at their election, either in a court, or settled by the administrative remedies prescribed by said Act.

The judgment is

Reversed.

19410624

© 1998 VersusLaw Inc.



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