John H. MacKey v. The Union Terminal Company

Fifth Circuit

John H. MacKey v. The Union Terminal Company

321 F.2d 901, 53 L.R.R.M. (BNA) 2975, 1963 U.S. App. LEXIS 4421

CourtCourt of Appeals for the Fifth Circuit

DecidedAugust 8, 1963

Docket19776_1

StatusPublished

Cited by1 cases

This text of 321 F.2d 901 (John H. MacKey v. The Union Terminal Company) 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.

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John H. MacKey v. The Union Terminal Company, 321 F.2d 901, 53 L.R.R.M. (BNA) 2975, 1963 U.S. App. LEXIS 4421 (5th Cir. 1963).

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Opinion

PER CURIAM.

In this suit under the Railway Labor Act, 45 U.S.C. § 151 et seq., the plaintiff seeks back wages from June 24, 1957, to January 4, 1960, resulting from the defendant’s discharging him from employment. The district court found that the plaintiff was improperly discharged but held that he had failed to mitigate his damages. Accordingly the court reduced the damages to $566.64, plus attorneys’ fees of $500.00 and costs. The plaintiff appealed, limiting his appeal to review of the amount of the judgment.

The district court found that the defendant made an offer of re-employment June 27, 1957, only three days after he was discharged. The court held therefore that recovery should be limited to loss of wages for three days, plus the *902 difference in wages due to loss of seniority from June 24, 1957 to January 4, 1960. The record supports the trial judge’s findings. The conclusions of law are in accord with the law of Texas, controlling in this case.

The judgment is affirmed.

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PER CURIAM.

In this suit under the Railway Labor Act, 45 U.S.C. § 151 et seq., the plaintiff seeks back wages from June 24, 1957, to January 4, 1960, resulting from the defendant’s discharging him from employment. The district court found that the plaintiff was improperly discharged but held that he had failed to mitigate his damages. Accordingly the court reduced the damages to $566.64, plus attorneys’ fees of $500.00 and costs. The plaintiff appealed, limiting his appeal to review of the amount of the judgment.

The district court found that the defendant made an offer of re-employment June 27, 1957, only three days after he was discharged. The court held therefore that recovery should be limited to loss of wages for three days, plus the *902 difference in wages due to loss of seniority from June 24, 1957 to January 4, 1960. The record supports the trial judge’s findings. The conclusions of law are in accord with the law of Texas, controlling in this case.

The judgment is affirmed.

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Bluebook (online)

321 F.2d 901, 53 L.R.R.M. (BNA) 2975, 1963 U.S. App. LEXIS 4421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-h-mackey-v-the-union-terminal-company-ca5-1963.

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