Delmar v. Rittle v. R.E.A. Express

Fifth Circuit

Delmar v. Rittle v. R.E.A. Express

367 F.2d 578, 63 L.R.R.M. (BNA) 2478, 1966 U.S. App. LEXIS 4625

CourtCourt of Appeals for the Fifth Circuit

DecidedOctober 24, 1966

Docket23164_1

StatusPublished

Cited by6 cases

This text of 367 F.2d 578 (Delmar v. Rittle v. R.E.A. Express) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Delmar v. Rittle v. R.E.A. Express, 367 F.2d 578, 63 L.R.R.M. (BNA) 2478, 1966 U.S. App. LEXIS 4625 (5th Cir. 1966).

Pincite

Opinion

PER CURIAM:

On this appeal the appellant Rittle complains of the final judgment of the United States District Court for the Southern District of Florida dismissing his complaint on the ground that the district court did not have jurisdiction of the subject matter of the suit.

The appellee is a carrier within the meaning of the Railway Labor Act, 45 U.S.C.A. § 151 et seq. The appellant submitted his claims and grievances against his employer, the appellee, to the National Railroad Adjustment Board which rendered a decision against him. In the district court the appellee presented motions to dismiss and for summary judgment supported by an affidavit and exhibits. The court granted the motions and dismissed the action with prejudice.

A review of the record clearly demonstrates that the district court was correct in holding that it lacked jurisdiction and that the decision of the National Railroad Adjustment Board was final. Gunther v. San Diego & Arizona E. R. Co., 382 U.S. 257, 86 S.Ct. 368, 15 L.Ed.2d 308 (1965); Republic Steel Corp. v. Maddox, 379 U.S. 650, 85 S.Ct. 614, 13 L.Ed.2d 580 (1965); Union P. R. Co. v. Price, 360 U.S. 601, 79 S.Ct. 1351, 3 L.Ed.2d 1460 (1959); Hodges v. Atlantic Coast Line Railroad Co., (5 Cir. 1966) 363 F.2d 534.

The judgment is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

On this appeal the appellant Rittle complains of the final judgment of the United States District Court for the Southern District of Florida dismissing his complaint on the ground that the district court did not have jurisdiction of the subject matter of the suit.

The appellee is a carrier within the meaning of the Railway Labor Act, 45 U.S.C.A. § 151 et seq. The appellant submitted his claims and grievances against his employer, the appellee, to the National Railroad Adjustment Board which rendered a decision against him. In the district court the appellee presented motions to dismiss and for summary judgment supported by an affidavit and exhibits. The court granted the motions and dismissed the action with prejudice.

A review of the record clearly demonstrates that the district court was correct in holding that it lacked jurisdiction and that the decision of the National Railroad Adjustment Board was final. Gunther v. San Diego & Arizona E. R. Co., 382 U.S. 257, 86 S.Ct. 368, 15 L.Ed.2d 308 (1965); Republic Steel Corp. v. Maddox, 379 U.S. 650, 85 S.Ct. 614, 13 L.Ed.2d 580 (1965); Union P. R. Co. v. Price, 360 U.S. 601, 79 S.Ct. 1351, 3 L.Ed.2d 1460 (1959); Hodges v. Atlantic Coast Line Railroad Co., (5 Cir. 1966) 363 F.2d 534.

The judgment is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

367 F.2d 578, 63 L.R.R.M. (BNA) 2478, 1966 U.S. App. LEXIS 4625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delmar-v-rittle-v-rea-express-ca5-1966.

Opinion

Related

Cite This Page — Counsel Stack